ADAMS v. FERGUSON

No. 17-1484.

884 F.3d 219 (2018)

Roxanne ADAMS, Administrator of the Estate of Jamycheal M. Mitchell, Deceased, Plaintiff-Appellee, v. Debra K. FERGUSON, Licensed Clinical Psychologist, Defendant-Appellant, and Naphcare, Inc.; Nsekenene Kolongo, MD; Renee Edwards, LCSW; Justin Ray, NP-Psych; Benedict Ngwa, NP; Pam Johnson, RN; Natalya Thomas, RN, HSA; Jalessa Rivers, LPN; Hope Nicholson, MA; Doris Murphy, MSW; John/jane Doe, (1-11) Naphcare Nurses; Kelly N. Boyd; Hampton Roads Regional Jail Authority; Hampton Roads Regional Jail; David L. Simons; Eugene Taylor, III; Barnes, Correctional Officer at the Hampton Roads Regional Jail; Blakely, Correctional Officer at the Hampton Roads Regional Jail; BOURNE, Correctional Officer at the Hampton Roads Regional Jail; BUTCHER, Correctional Officer at the Hampton Roads Regional Jail; Gibbs, Correctional Officer at the Hampton Roads Regional Jail; Hilliard, Correctional Officer at the Hampton Roads Regional Jail; Howard, Correctional Officer at the Hampton Roads Regional Jail; Keister, Correctional Officer at the Hampton Roads Regional Jail; Whitaker, Correctional Officer at the Hampton Roads Regional Jail; Powell, Correctional Officer at the Hampton Roads Regional Jail; Smith, Master Jail Officers "MJOs" at Hampton Roads Regional Jail; Dixon, Master Jail Officers "MJOs" at Hampton Roads Regional Jail; Johnson, Master Jail Officers "MJOs" at Hampton Roads Regional Jail; Derrick R. Brown, Sergeant at the Hampton Roads Regional Jail; Stephen T. Phillips, Sergeant at the Hampton Roads Regional Jail; William A. Epperson, Sergeant at the Hampton Roads Regional Jail; Steven W. Whitehead, Sergeant at the Hampton Roads Regional Jail; Tamara L. Everette, Sergeant at the Hampton Roads Regional Jail; Roderick D. Madison, Lieutenant at the Hampton Roads Regional Jail; Reginald Whitehead, Sergeant at the Hampton Roads Regional Jail; Felicia M. Cowan, Captain at the Hampton Roads Regional Jail; Gail Hart, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 6, 2018.


Attorney(s) appearing for the Case

ARGUED: David Patrick Corrigan , HARMAN CLAYTOR CORRIGAN & WELLMAN, P.C., Glen Allen, Virginia, for Appellant. John Frederick Preis , Henrico, Virginia, for Appellee. ON BRIEF: Jeremy D. Capps , M. Scott Fisher, Jr. , HARMAN CLAYTOR CORRIGAN & WELLMAN, P.C., Glen Allen , Virginia, for Appellant. Mark J. Krudys , THE KRUDYS LAW FIRM, PLC, Richmond, Virginia, for Appellee.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Motz wrote the opinion, in which Chief Judge Gregory and Judge Traxler joined.


This case arises from the events surrounding the death of Jamycheal Mitchell. His personal representative, Roxanne Adams, brought this action on his behalf, asserting claims under 42 U.S.C. § 1983 and state law against Debra K. Ferguson and forty-nine other defendants. Ferguson moved to dismiss all claims...

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