Montgomery subsequently requested a hearing to have his handgun ownership permit reinstated, but the sheriff's department allegedly terminated his permit without a hearing. The suit alleges that police denied Montgomery's Freedom of Information requests to see what information has been placed in his secret file, and that both police and the hospital refused to allow him to correct the falsehoods in his record.

The suit names Gov. Cuomo, Eastern Long Island Hospital, and several state officials, including the superintendent of state police and the local sheriff, as defendants, and alleges that they violated Montgomery's Second-, Fourth-, Fifth-, and Fourteenth-Amendment rights. It seeks injunctive and declaratory relief for Montgomery and all similarly situated persons.