[420 Girl]

PARIS, Maine (AP) – A couple who went to the hospital to be treated for injuries following a home invasion two years ago are suing Stephens Memorial Hospital and a security guard, saying the disclosure of confidential information led to their drug-trafficking convictions.

Dwayne Bonney, 48, and Debbie Bonney, 45, of Paris, were severely beaten in their home by two masked intruders who demanded money and jewelry. The couple drove to the Stephens hospital Norway for treatment after the February 2007 attack.

When police went to the Bonneys' home to look for evidence left by the intruder, they discovered 95 pounds of marijuana, along with packaging and weighing materials. The two intruders were never apprehended.

The Bonneys pleaded guilty in February 2008 to marijuana trafficking and possession of diazepam, an anti-anxiety medication. In March, Dwayne Bonney was ordered to serve 18 months of a five-year prison sentence and his wife was sentenced to two years, all suspended.

The couple's civil suit, filed in Oxford County Superior Court, charges the hospital and the guard with violation of state confidentiality law and the federal Health Insurance Portability and Accountability Act.

Their attorney, Thomas Connolly, said a security guard at the hospital overheard the Bonneys discussing the assault with medical personnel and called police.

Connolly said the Bonneys did not want to file a report with the police and that the description of the assault to medical staff should have been considered confidential medical history. While the confidentiality laws allow the disclosure of information under some circumstances, such as gunshot wounds or child abuse, the hospital did not have to report the assault against the Bonneys, Connolly contends.

The lawsuit seeks punitive damages, but no specific amount is listed. The Bonneys owe a combined total of $6,391.25 in fines and surcharges stemming from their conviction, according to court documents.

Connolly, who also represented the couple in the criminal proceedings, said Dwayne Bonney is scheduled for release in June.

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