Complaint Against All Defendants Filed by Abshir Mohamed Hussein. Filer Requests Summons Issued. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit (s) Declaration of Expert Review) (Storms, Jeffrey)
Introduction
1Abdirashid Hussein was a father, a veteran of the Minnesota National Guard, and a devout Muslim who was tragically murdered by his roommate at the Forensic Mental Health Program (“FMHP”) in December 2023.
2That roommate, David Otey, had a long history of delusional and violent psychosis, including murdering his sister in 2018. Despite this, defendants allowed him to play violent video games in a common room area, in full view of all staff.
3In the midst of his mental health already unraveling, Otey played one of those violent games, triggering a psychosis similar to the one that caused him to murder his sister, this time causing him to viscously murder Hussein.
4Hussein’s brother now brings this action under 42 U.S.C. § 1983, along with supplemental state law wrongful death claims, to seek accountability for Hussein’s death, as the direct and proximate result of Defendants’ deliberate indifference to Hussein’s welfare and their negligence.
Jurisdiction and Venue
5This Court has original jurisdiction over this action pursuant to 42 U.S.C. §§ 1983 and 1988, the Fourteenth Amendment to the United States Constitution, and 28 U.S.C. §§ 1331 and 1343(3). These statutory and constitutional provisions confer original jurisdiction of this Court over this matter.
6Plaintiff also asserts supplemental state law claims for wrongful death through negligence. These state law claims are so related to the civil rights claims, over which this Court has original jurisdiction, that they form part of the same case or controversy, as all of the alleged conduct arises from a common nucleus of operative facts. Therefore, this Court has supplemental jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C. § 1367(a).
7The relevant acts and omissions occurred in the State of Minnesota; therefore, venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2).
8The notice requirements of Minn. Stat. § 3.736, subd. 5 have been satisfied, to the extent necessary, as each government actor or entity herein had sufficient facts to reasonably put them on notice.
Parties
9Hussein was at all relevant times a 36-year-old male resident of Minnesota.
10Plaintiff was appointed as Trustee for the Next of Kin of Hussein on June 12, 2025, by the honorable Allison Krehbiel, court file number 52-CV-25-287.
11Defendant Minnesota Department of Human Services (“DHS”) is an agency and political subdivision of the State of Minnesota, subject to suit under Minn. Stat. 3.736.
12At all relevant times DHS operated the FMHP and FMHP employees are thus employees of DHS and the State.
13All acts and omissions of DHS and its employees when providing services related to Hussein are the acts and omissions of the State.
14The DHS employees at FMHP work under color of state law for purposes of 42 U.S.C. § 1983.
15At all relevant times, Defendants owed Hussein and other patients at the FMHP a nondelegable duty of care to ensure that they receive legally sufficient medical care and to take reasonable measures to guarantee safety from attacks by other patients.
16At all relevant times, APRN, CNP MaLinda Henderson (“Henderson”) was an adult resident of Minnesota, was employed by DHS as a nurse practitioner, provided medical treatment, including prescriptions to David Otey, and acted under color of state law. Henderson is sued in her individual capacity.
17At all relevant times, Melissa Yotter was an adult resident of Minnesota, was employed by DHS as a Registered Nurse, provided medical treatment to Otey and acted under color of state law. Yotter is sued in her individual capacity.
18At all relevant times, Melissa Dimmick was an adult resident of Minnesota, was employed by DHS as Licensed Practical Nurse, provided medical treatment to or supervision of Otey, and acted under color of state law. Dimmick is sued in her individual capacity.
19At all relevant times, Connie Ryan was an adult resident of Minnesota, was employed by DHS as a Human Services Support Specialist (HSSS), provided medical treatment to or supervision of Otey, and acted under color of state law. Ryan is sued in her individual capacity.
20At all relevant times, Taylor Kassube was an adult resident of Minnesota, was employed by DHS as a HSSS, provided medical treatment to or supervision of Otey, and acted under color of state law. Kassube is sued in her individual capacity.
FACTUAL BACKGROUND
21Hussein had a history of significant mental illness, including diagnoses of schizoaffective disorder and bipolar type. Hussein was involuntarily to the FMHP, formerly known as the Minnesota Security Hospital, in 2013 and again in 2020.
22Hussein was making significant progress at the FMHP. In July 2022, a special review board recommended that he be moved to the North Campus of the FMHP.
23In December 2022, he moved into a room with David Otey.
24Prior to becoming Hussein’s roommate, Otey repeatedly experienced delusional beliefs, had a history of responding to internal stimuli, and a history of bipolar disorder with mania and violently attacked and killed his sister.
25In January 2018, Otey was in a delusional state and responding to internal stimuli when he repeatedly stabbed his sister “until the hate was gone,” as he would later describe. He said he killed his sister due to hearing a “weird command.”
26In March 2019, Otey was found not guilty by reason of mental illness for that crime.
27In February 2020, he was committed as mentally ill and dangerous to the
FMHP.
28By September 2022 Otey was making significant progress in his treatment, and moved to the North Campus.
29Notably, from November 2022 through December 2023, Otey was identified as having the following signature risk signs: isolating and not interacting with others, expressing delusional thinking, and becoming irritable.
THE FMHP NORTH CAMPUS AND POLICIES ON VIDEO GAMES
30The North Campus is a 32-bed facility located at the FMHP. It is considered an “unsecure” part of the campus and houses MI&D individuals who have made sufficient progress to be on track to be transitioned back to the community.
31The North Campus has a shared common area and activity room, which includes a gaming console.
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Public U.S. federal court record (district court docket 73110415, document 1). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.