Drug defendant seeking $50 million and dismissal of case
An Absarokee man is seeking $50 million and the dismissal of a felony methamphetamine charge against him for “severe mental anguish” he alleges was caused by the Stillwater County sheriff, county attorney, district judge, Alternatives Inc., and a national company that manufactures drug patches.
Mark Heimer filed the 9-page complaint late last month, in which he uses the terms “negligence” and “assault” when describing the alleged actions of two Alternative Inc. employees, Sheriff Cliff Brophy, County Attorney Nancy Rohde and District Judge Blair Jones in relation to a drug patch he has been ordered to wear.
Specifically, Heimer accuses the above named people of failing to follow proper drug patch protocol, injuring him during a drug patch visit and then failing to do anything to help him.
The complaint was filed per se, meaning Heimer did not use an attorney.
The complaint has been sent to the Montana Association of Counties and assigned to an attorney from the Cooney Law Firm in Helena, according to Rohde.
“This is a Pro Se lawsuit filed by a disgruntled client,” said Amanda Green, an Alternatives supervisor in Billings. “We do not believe that there is any merit to the claim and will be filing a motion to dismiss in the near future.”
The name of the drug patch company is not being listed in this article because Heimer does not make any direct allegation against it in his complaint, but seeks $10 million of the total $50 million from it.
Background
Heimer was arrested in April on a felony charge of possession of drugs with intent to distribute when he was allegedly found with more than 33 grams of methamphetamine, a syringe, a glass pipe with residue in it, a black air soft pistol, small baggies with a crystal like substance, small baggies with a green leafy substance, a bag full of syringes, a black digital scale with residue on it, a metal spoon with a cotton ball and two metal spoons with white residue, according to court documents.
Heimer pleaded not guilty to the charge and under the terms of his release, pending the resolution of the case, was ordered to wear a drug patch applied and monitored by Alternatives Inc.
In his complaint, Heimer alleges he went to Alternatives Inc., in Columbus last summer where a drug patch was applied to his arm. Heimer alleges the worker did not think the patch was going to stick so she applied tape to the top and bottom edges, as she had previously done, according to the complaint. The following week, Heimer returned for his weekly “patch check” and when the employee saw the tape and patch were peeling, she attempted to trim off the excess with scissors, “cutting me five times and drawing blood,” Heimer alleges in his complaint.
He then drove to the Alternatives office in Billings and alleges that he was initially ignored, according to his complaint.
Heimer alleges that Sheriff Brophy witnessed the incident and “failed to recognize the danger to my person” and failed to stop the employee. Heimer writes in the complaint that he has Hepatitis C and the alleged incident could have caused a dangerous threat to others present.
Heimer also alleges that in June he tried to tell Judge Jones that the Columbus Alternatives office was not following proper protocol regarding drug patches and the judge and county attorney both laughed at him in court, according to his complaint.
He also alleges that he called the national drug company and that conversation resulted in him being sent to the Billings Alternative office to change the patch, and to handle all his patch matters, according to his complaint.

