OMAHA, Neb. (CN) - Despite a prison psychiatrist's requests that a man be held involuntarily as a danger to society, Nebraska released him, whereupon he promptly murdered four people - and the state retaliated against the psychiatrist, the doctor claims in court.
Eugene Oliveto sued Correct Care Solutions LLC dba CCS Nebraska Medical Services PC, Douglas County, Director of Douglas County Corrections Mark Foxall and CCS representative Susan Gritton, in Federal Court.
The 8-page lawsuit revolves around Nikko Jenkins, who now stands accused of murdering four people.
"When Nikko Jenkins was incarcerated at DCC, on several occasions plaintiff signed documents requesting that he be involuntarily committed as a dangerous and mentally ill person," Oliveto says in the lawsuit. "Plaintiff's requests were ignored. Nikko Jenkins was then transferred to the state prison and ultimately released. In the short time he was free, Nikko Jenkins is accused of murdering four persons."
Oliveto describes himself in the complaint as a physician specializing in psychiatry, but does not use the honorific "Dr."
He says he was served with a subpoena from Jenkins's defense attorneys after they discovered "plaintiff's documents requesting his involuntary commitment."
Oliveto said that after he was subpoenaed but before the hearing, Foxall told him to "be careful" about how he testified.
"On February 13, 2014 after truthfully testifying regarding his interactions with Nikko Jenkins, the plaintiff was called into defendant Foxall's office, verbally berated and defendant Foxall and agents of CCS then met and conferred to consider plaintiff's future at DCC," the complaint states.
One week later, Oliveto says, Gritton told him that he was not allowed to counsel DCC inmates, and gave him three options: resign, be fired or be placed on administrative leave.
Oliveto claims the defendants retaliated against him for his truthful testimony about Jenkins, which is protected speech.
He seeks punitive damages for retaliation and constitutional violations, and an injunction prohibiting the defendants from continuing to retaliate against him.
Oliveto is represented by Thomas M. White with White & Jorgensen.
A judge has found Jenkins competent to stand trial for the murders, according to the Sioux City Journal.