A Franklin County man is accusing the Virginia State Police of excessive force, claiming in a lawsuit that a trooper pulled a gun on him as he rushed his critically ill daughter to a hospital.
Michael Morris filed the lawsuit in Roanoke’s federal court last week, naming Trooper Timothy Derosha and the state police as defendants.
On Dec. 6, 2022, Morris was advised by his family physician to drive his 10-year-old daughter to LewisGale Medical Center for treatment of her worsening condition of what was later determined to be pneumonia.
The lawsuit makes the following allegations:
When the girl began to have difficulty breathing, Morris accelerated to about 65 mph in a 45-mph zone, turned his four-way flashers on, and began to drive through red lights after determining there were no cars in the intersections.
About 2 miles from the hospital, Derosha began to pursue Morris on Electric Road. At that point, Morris called 911 and told the dispatcher that he had a medical emergency and a state trooper was trying to pull him over.
When they reached the emergency room parking lot, Derosha jumped out of his police cruiser, drew his handgun, and told Morris: “I’m going to kill you if you move again,” the lawsuit alleges.
A few minutes later, the trooper allowed Morris’s wife to take their daughter into the hospital. The girl was later transported by ambulance to a children’s hospital in Richmond, where she remained for several days.
Derosha charged Morris with eluding police, a felony charge that was reduced to a traffic infraction of improper driving.
No credible law enforcement officer would have felt threatened enough in the situation “to warrant the excessive use of force displayed by Derosha when he pointed his firearm at Morris and threated to kill him,” the lawsuit alleges.
A state police spokesman declined to comment of the case, citing a policy of not talking about pending litigation.
The lawsuit accuses Virginia State Police of failing to properly train or supervise the trooper, who allegedly had a prior history of excessive force complaints. The filing seeks compensatory and punitive damages, but does not include a specific monetary amount.
Morris “is more concerned about public safety,” said Jennifer French, a Roanoke attorney who represents him.
