Deeds drops agency as defendant Va. mental health agency dropped from lawsuit over the suicide of a senator's son
Roanoke TimesJul 29, 2017
At the request of Deed's attorney, a judge in
Still remaining as defendants are the Rockbridge Area Community Services Board and one of its caseworkers - accused in the lawsuit of not working hard enough to place Deeds' son in a psychiatric facility as his deteriorating mental health pushed him closer to a deadly end.
Unable to find an empty hospital bed for
It later turned out that at least five facilities in the region had room to admit a new patient, but were never contacted by
"
The senator's attorney,
"It is in that spirit that we have come together voluntarily with the department to begin to take those steps."
A non-suit is a legal move that allows the plaintiff to withdraw a lawsuit before a final decision by a judge or jury. A lawsuit can be refiled within six months of a non-suit; if not, the case is forever closed.
Lichtenstein's request for a non-suit was approved by retired
"We believe the court can find as a matter of law in our favor," Fessier said.
But arguments on whether the lawsuit should be dismissed were put off until October after Lichtenstein objected to Fessier's plans to present evidence Thursday. Fessier had intended to have an official of a local mental health agency testify about its general responsibilities in providing emergency mental health services.
Those are factual issues that should be heard by a jury, Lichtenstein said.
Sheridan agreed to hold a hearing on
In court papers, Fessier listed a number of reasons for sovereign immunity, among them: "Protecting the public purse, providing for smooth application of government, and eliminating public inconveniences and dangers that might spring from officials being fearful to act" under the threat of "vexatious litigation."
Under
In making an argument for gross negligence, Lichtenstein wrote in court papers that Gentry and the community services board were well aware of
Even after determining that Deeds met the criteria for involuntary treatment in a secure setting - posing a threat to himself and others - the defendants resorted to the practice of "streeting," or returning dangerously mentally ill patients back to the community, the lawsuit alleges.
As Gentry's inadequate search for an empty bed was nearing an end, he received a call from
Before the state's
Gentry is no longer an employee of the Rockbridge Area Community Services Board; he left the agency for reasons unrelated to the lawsuit, Fessier said.