The lawsuit filed by Edward Brewer against the former Providence Hospital was dismissed Tuesday, according to records at Erie County Common Pleas Court.

In October 2001, a jury found Brewer guilty of rape and sexual battery for assaulting a mentally retarded cerebral palsy patient in June 1998 at Providence Hospital, which has since become the South Campus of Firelands Regional Medical Center, according to court records.

Last year, Brewer filed a lawsuit alleging Providence Hospital had inadequate security, training and performance of nursing duties and medical care and sought $2 million in damages, according to court records.

Visiting Judge Terrence O'Donnell dismissed the case, ruling that Brewer failed to state a claim to be granted relief.

''Here, after considering (Brewer's) allegation, the court finds that Providence Hospital has no cognizable legal duty to Brewer to prevent him from committing a crime on its premises,'' O'Donnell wrote in the judgment entry.

''Furthermore, Brewer cannot establish that any act of Providence proximately resulted in any damage to him: His own conduct in knowingly committing a crime is the proximate cause of any damage he suffered, not any act or failure to act of Providence, or any of its agents,'' O'Donnell wrote.

In October 2001, Brewer was sentenced to 10 years in prison and was labeled a sexual predator for the crimes, according to court records. His original conviction in 1999 for sexual battery was overturned on appeal.

Brewer had pleaded guilty to sexual battery and the rape charge was dropped in 1999. He was sentenced to five years in prison, according to court records.

However, the 6th District Court of Appeals overturned Brewer's conviction in 2001, ruling that he was given ''incorrect advice'' by his attorney to plea, knowing that the woman died in October 1998, ''thereby weakening'' the state's case.