The federal suit accuses the Dept. of Human Services of neglect and deliberate indifference at the Forensic Mental Health Program.
ST PAUL, Minn. — A Twin Cities law firm has filed a lawsuit against the Minnesota Department of Human Services (DHS) and several employees of the Forensic Mental Health Program (FMHP), alleging that neglect and indifference led to a violent death inside the FMHP at the Minnesota Security Hospital in St. Peter in 2023.
David Otey killed his roommate, Abdirashid Hussein, inside the facility on Dec. 31, 2023. The lawsuit was filed in federal court on Monday on behalf of Hussein’s brother.
A news release from the Storms Dworak law firm states Otey was known to have a violent criminal history, including murder, and a history of “delusional and violent psychosis.” The suit alleges Otey had been “spiral(ing) downward” in the months before the murder, including “showing symptoms of sleeplessness, growing irritable and anxious, and missing work and group counseling sessions.” The suit alleges the facility allowed the patient to “stay up late at night and play violent video games” in a common room in full view of staff and in violation of the program’s rules.
On the night of the killing, the suit claims Otey had just played “Assassin’s Creed Valhalla” and became “disoriented and confused and went into his room and admittedly swung a guitar ‘like an ax,’ killing Hussein.”
A court-appointed psychologist who reviewed the case for Otey’s criminal proceedings noted the swinging of the guitar was “potentially near exact to some of the dynamics observed” in the game, and Otey’s confusion and disorientation were “likely due in part to his exposure to extreme violence paired with the entire aforementioned stressors he was undergoing.”
Otey was previously found not guilty of second-degree murder due to mental illness in criminal court.
This federal lawsuit accuses four FMHP employees of 14th Amendment civil rights violations for allegedly failing to take “reasonable measures” to protect Hussein from the “substantial risk of serious harm” posed by Otey. The suit also seeks a wrongful death judgment against DHS and five employees.
“This case involves a shocking lack of concern for the safety of other patients in allowing a mentally ill and dangerous individual who is already unraveling to play violent video games. The result is tragically predictable,” Storms Dworak Partner Ryan Vettleson said in a statement.
“When the state takes custody of an individual, it assumes a constitutional duty to protect them from known dangers. Unfortunately, as we have seen in other cases, this reflects a troubling and repeated failure of government entities to meet that obligation,” Storms Dworak Partner Jeff Storms said in a statement.
The Forensic Mental Health Program is part of Minnesota Direct Care and Treatment (DCT), which was a division of the Minnesota Department of Human Services until July 2025, when it became a standalone agency.
A DCT spokesperson told KARE 11 that the agency can’t comment on pending litigation or share information about patients due to data privacy laws. However, DCT Health System CEO Marshall Smith provided a written statement.
“The loss of Abdi Hussein was a terrible tragedy that left his friends, family, and partners in treatment heartbroken. Our thoughts and sympathies are with his closest loved ones,” Smith said.
