A woman has filed a lawsuit against HealthAlliance Hospital in Kingston, New York, alleging that staff failed to protect her from another psychiatric patient despite warnings about his behaviour before an alleged sexual assault in her room. The complaint concerns an incident on 22 April 2026 at the hospital's Marys Avenue campus and seeks unspecified compensatory and punitive damages.
Lawsuit Describes Alleged Attack in Patient's Room
The plaintiff is identified as Jane Doe in an amended civil complaint. Her court-appointed guardian, attorney Gary M. Schuster, brought the action on her behalf. The filing alleges that fellow patient Brandon Rivera entered her room in the hospital's psychiatric unit and sexually assaulted her while she was unable to protect herself.
The alleged incident took place in a 20-bed inpatient psychiatric unit with private and semi-private rooms. It reopened in December 2024 after renovation. The complaint claims hospital personnel had been warned about statements or threats by Rivera suggesting that he posed a sexual danger to other patients, staff, or others.
The lawsuit also alleges inadequate staffing, training and supervision, as well as failures to follow patient safety plans. These claims have not been established by a court. Published reports do not establish that hospital employees witnessed the entire alleged incident or knowingly allowed it to occur.
Police Investigation and Criminal Charges
Kingston Police described an attempted rape involving a person unable to consent that was interrupted by a third party. That description is narrower than the civil complaint's allegation of sexual assault. The police account and the allegations in the lawsuit have not been resolved by a final court judgment.
Rivera was charged in September with felony attempted rape and endangering the welfare of a disabled person, along with a misdemeanour charge involving sexual contact with a person unable to consent, the Times Union reported on 10 November. An earlier Kingston Wire report identified a charge of rape in the second degree.
Rivera pleaded not guilty during an appearance at Kingston City Court on 16 September 2026. He is presumed innocent unless proven guilty. Reports differ on when he surrendered to police, and whether he is currently spending time in prison or if he has been released on bail.
The criminal case concerns the allegations against Rivera, while the civil lawsuit separately seeks to hold the hospital responsible for alleged failures in patient protection. The plaintiff's claims of negligence and the accusations against Rivera remain unproven in the proceedings described by the reports.
Hospital Declines to Discuss Pending Litigation
The original civil complaint was filed in August 2026 and amended on 14 October to allow the woman to proceed as Jane Doe, Kingston Wire reported. That outlet identified state Supreme Court judge Sharon Graff as overseeing the civil proceedings in Ulster County.
HealthAlliance spokeswoman Nikki Copas said the hospital does not comment on pending litigation. The hospital is part of the WMCHealth system. Meanwhile, the Ulster County Public Defender's Office did not respond to a request for comment on Rivera's behalf, the Times Union reported.
The complaint seeks damages for alleged physical injuries, emotional distress, and psychological trauma.
