Former Western Psychiatric Institute Nurse Files Suit Against University of Pennsylvania for Assault, False Imprisonment

March 23, 2023

A former charge nurse for a unit at Western Psychiatric Institute and Clinic has filed suit against UPMC. Aaron Diamond claims in his lawsuit that UPMC and Western Psych staff knew of his disabilities, but when his condition impaired his speech, they assaulted him and falsely imprisoned him.

"At that point, they refuse to let him leave the facility. They essentially took him into custody against his will, restrained him, drugged him, against his will. He didn't wake up till the next day," attorney Massimo Terzigni, of the law offices of Joel Sansone, told Pittsburgh's Action News 4. "They used what's called four-point restraints on Mr. Diamond, which it's my understanding completely restrains his ability to move. He was injected in his buttocks with a drug that basically knocked him out until the next morning."

Attorneys for Diamond argued in his lawsuit that what happened was a violation of the Americans with Disabilities Act. They say Diamond's condition affected his speech while he was complaining about what he believed was a problem with the care of a patient.

"It was not fair to Mr. Diamond here. And what they did to him is just abhorrent. It is disgusting behavior, and I don't see how they felt like they were allowed to do that to him," Terzigni said.

The suit alleges Western Psych tried and failed to have Diamond involuntarily committed after drugging and restraining him when the incident allegedly happened in March 2021.

"They did this themselves. They detained him. It's not like they called the police to come and make this evaluation to restrain Mr. Diamond. They did this on their own without going through the 302 processes first," Terzigni said.

The "302" refers to the legal process for having someone involuntarily committed for a time.

The lawsuit claims supervisors asked Diamond to take a drug test, which he refused. He alleges they refused his request for a union representative to join them.

In an emailed statement, UPMC told Pittsburgh's Action News 4, "We believe the claims alleged in this lawsuit are without merit and we intend to defend them, but due to pending litigation we cannot discuss the details of the individual complaint."

The lawsuit was filed in federal court in Pittsburgh.

Diamond is now working as a nurse in another part of the state. He resigned after the incident.

"We believe that there is some indication that he was coerced into doing that. You know, another curious thing about the situation is that he was not disciplined at all. He didn't face any repercussion from Western Psych," Terzigni said.

"His body was basically invaded against his will, them injecting him with medication against his will, them taking blood from him, against his will when he's knocked unconscious. We know those things to be true. We know that Mr. Diamond did not give consent to those things," Terzigni said. "We believe that this was purely out of discrimination because of his disability. And it's really just a reprehensible act by these individuals at Western Psych."

Source: Bob Mayo, “Former Western Psych charge nurse sues UPMC, alleging assault, false imprisonment, ADA violations,” WTAE ABC 4, Mar. 8, 2023, URL: https://www.wtae.com/article/western-psych-nurse-sues-upmc-assault-false-imprisonment-ada-violations/43252923#