Full Breakdown
Lawsuit Alleges Negligence in Fatal Assault at Minnesota Mental Health Facility
4/2/2026, 4:00:38 AM
Incident Overview
A federal lawsuit has been filed against the Minnesota Department of Human Services (DHS) and several employees of the Forensic Mental Health Program (FMHP) following the death of Abdirashid Mohamed Hussein, who was killed by his roommate, David Michael Otey, at the Minnesota Security Hospital in St. Peter on December 31, 2023. Hussein, a 38-year-old veteran of the Minnesota National Guard, was allegedly bludgeoned to death with an electric guitar after Otey, who has a documented history of violent behavior, played the violent video game "Assassin's Creed Valhalla" shortly before the attack.
Allegations of Negligence
The lawsuit, filed by Hussein's brother, Abshir Mohamed Hussein, claims that the staff at FMHP exhibited neglect and indifference by allowing Otey to play violent video games, in violation of facility rules designed to maintain a therapeutic environment. The suit asserts that Otey had been showing signs of mental decline, including irritability and delusional thinking, prior to the incident. It also highlights that Otey had previously been acquitted of murder due to mental illness after fatally stabbing his sister in 2018.
Background of the Individuals Involved
David Otey, 45, was admitted to FMHP in 2018 after his violent history, which includes a murder conviction. Despite a period of improvement in his treatment, the lawsuit claims that Otey’s mental health deteriorated in the months leading up to the incident. Staff reportedly observed risk factors such as self-isolation and increased irritability, yet failed to adjust his treatment plan or intervene effectively.
Abdirashid Hussein was described as a loving father to four daughters and a dedicated member of the Minnesota National Guard. His family seeks over $1 million in damages to address the loss and to encourage systemic changes within the facility to prevent future incidents.
Official Statements
Marshall Smith, CEO of the Minnesota Direct Care and Treatment (DCT), expressed condolences regarding Hussein's death, calling it a "terrible tragedy." He stated that the agency is reviewing the lawsuit but cannot comment on pending litigation due to privacy laws. The lawsuit emphasizes that the facility's policy prohibits access to violent video games, which are deemed potentially harmful to patients with mental health issues.
Criticism of Facility Practices
The lawsuit's attorney, Ryan Vettleson, criticized the facility for allowing a mentally unstable individual to engage with violent media, arguing that the staff's actions demonstrated a "shocking lack of concern for the safety of other patients." The complaint also alleges that the staff violated Hussein's constitutional rights by failing to protect him from a known danger.
Conflicting Reports & Gaps
While the lawsuit claims that Otey was allowed to play "Assassin's Creed Valhalla," the facility's representatives have not provided detailed responses regarding the specific circumstances leading to the incident. Additionally, there is no public information about the internal review processes or any changes implemented since the incident.
What's Next
The case is currently pending in federal court and will move into pretrial phases. The outcome may influence future policies regarding patient safety and media access in mental health facilities across Minnesota.
