A lawsuit against HealthAlliance Hospital alleges that hospital officials ignored warnings that a male patient in the facility’s psychiatric ward posed a threat to female patients and staff before he sexually assaulted a fellow patient in her room. The lawsuit filed by the woman’s court-appointed guardian, attorney Gary M. Schuster, in state Supreme Court seeks unspecified compensatory and punitive damages.

According to the lawsuit, the incident occurred on April 22 in the hospital on Mary’s Avenue’s recently renovated 20-bed psychiatric unit which has a mix of private and semi-private rooms. The lawsuit alleges Brandon Rivera entered the woman’s room and sexually assaulted her. A post on the Kingston Police Department’s social media did not mention the location of the incident, but simply said Rivera had attempted to rape “an individual unable to consent” but was interrupted by a third party before he could complete the act. Rivera was charged with felony counts of rape in the second degree and endangering the welfare of a disabled person, as well as a misdemeanor charge of sexual contact with a person unable to consent.

An arrest warrant was issued for Rivera in May and he turned himself in to Kingston Police on Sept. 24. But it appears he was never indicted and he does not appear in the Ulster County Jail’s records of current prisoners. Attorney Joe O’Connor, whose firm is handling the civil action, said he believes the case remained under investigation. The Ulster County District Attorney’s Office was not immediately available for comment.

The civil complaint, which is before state Supreme Court Judge Sharon Graff, was initially filed in August but was amended to allow the alleged victim to proceed as “Jane Doe” and refiled on Oct. 14. The lawsuit alleges that hospital staff knew that Rivera had made threatening remarks towards female patients and staff, but failed to take precautions and follow safety plans for both him and Jane Doe that could have prevented the attack.

“Brandon Rivera exhibited proclivity, intention, propensity, threats or other activities and statements demonstrating his ability, intent and desire to sexually assault patients, staff members and others,” reads the complaint filed by attorney Carey C. Beyer of the O’Connor & Partners law firm.

A spokeswoman for HealthAlliance Hospital parent company WMCHealth declined to comment on the lawsuit, citing company policy regarding ongoing litigation.