Heyl Royster



Powell Successfully Defends Deputy Sheriff at Jury Trial in ยง1983 Case


Theresa Powell successfully defended a Deputy Sheriff in jury trial in the U.S. District Court of the Central District against a §1983 claim. Plaintiff filed a lawsuit against the officer claiming that he violated her constitutional rights when he drove her to the hospital for a mental health evaluation in 2011. Plaintiff alleged that as a result she was later referred to a Behavior Center for treatment, which she claimed was frightening and humiliating. The defense presented evidence to suggest that plaintiff voluntarily went with the officer to the hospital – where she was evaluated and found her to be in need of hospitalization. The jury was posed with special interrogatories and found that no unlawful seizure occurred. At the end of a three-day trial the jury returned a verdict in the officer’s favor.