PARIS – A local couple sentenced last year for drug trafficking at their home are suing Stephens Memorial Hospital and a security guard, saying the disclosure of confidential information led to their convictions.

Dwayne Bonney, 48, and Debbie Bonney, 45, of Bisco Road, filed the suit in Oxford County Superior Court. It charges the hospital and the guard, referred to as “John Doe,” with violation of state confidentiality law and the Health Insurance Portability and Accountability Act, violation of privacy, and intentional and negligent infliction of emotional distress.

In February 2007, the Bonneys were attacked and severely beaten in their home by two masked intruders who demanded money and jewelry. The couple drove to the hospital for treatment.

When police went to the residence to look for evidence left by the attackers, they discovered 95 pounds of marijuana, along with packaging and weighing materials.

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

Attorney Thomas Connolly, who represented the Bonneys in the criminal proceedings and is representing them in the civil suit, said a security guard at the hospital overheard the Bonneys discussing the assault with medical personnel and called police.

“I understand that he’s probably a contract worker, but he’s still working for (the hospital) at the time, and that’s the basis of the case,” Connolly said.

He said the Bonneys did not want to file a report with the police and that the description of the assault to medical staff was considered confidential medical history. He said state statutes and HIPAA mandate or permit the disclosure of information under some circumstances, such as gunshot wounds or child abuse, but that the hospital did not have to report the assault against the Bonneys.

According to an affidavit signed by Zane Loper of the Paris Police Department, police were initially informed that the Bonneys had been shot. Connolly said he may use the erroneous report as an example of negligence.

Police received a search warrant for the Bonneys’ home for evidence of the assault, and received a second warrant after finding evidence of marijuana trafficking. The two intruders were never apprehended.

The lawsuit seeks punitive damages, although Connolly said he is not requesting a specific amount. The Bonneys owe a combined total of $6,391.25 in fines and surcharges stemming from their conviction, according to court documents.

Connolly said Dwayne Bonney is scheduled for release in June.

A representative from Stephens Memorial Hospital was unavailable for comment Friday afternoon.