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Article published Jun 6, 2007 Doctor files $1.5M suit against BCSO, deputy
By Jessica Stith of The Daily Times Staff
An Alcoa doctor filed a federal lawsuit against the Blount County sheriff, a deputy and Blount County for more than $1.5 million for what he claims was “assault and battery” and “false arrest and imprisonment.” Dr. Jeffrey Steven Scheib claims Deputy Gregory Boderk, Sheriff James Berrong and the county violated his Fourth, Fifth, Eighth and 14th Amendment rights on Nov. 21, 2006, when he was arrested at his residence. Scheib practices internal medicine and rheumatology with East Tennessee Medical Group, 266 Joule Street, Alcoa. Scheib was arrested on the charge of interfering with a lawful hunt. The case against Scheib was dismissed on March 21. He filed the lawsuit Thursday. According to the suit filed in U.S. District Court in Knoxville, Scheib was awakened to the sound of hunting dogs on Nov. 21 while at his home on Liberty Church Road, Maryville. He claims he concluded there were “trespassing hunters” on his property and he went outside to investigate the noise. The lawsuit states that Scheib heard firearms discharged within 100 yards of his residence. It states that he “secured the hunting dogs after the hunters abandoned the property.” Scheib claims in the lawsuit that he checked the tags on the dogs’ collars and was anticipating contacting their owners when he was met at his residence by four squad cars and about eight deputies from the sheriff’s office. He states that the team of deputies was led by Boderk and Deputy Roger L. Mason, who resides on adjacent property. “Plaintiff tried to inform Defendant officer Boderk and the other officers that the neighbors were trespassing, and that he had a permanent injunction barring them from coming upon his property,” the lawsuit states. “However, Defendant officer Boderk did not listen, and quickly took Plaintiff into custody.” Scheib claims Boderk threw him to the ground, causing him to hit his elbow with great force. He also states Boderk handcuffed in a way that compressed the nerves at the level of his wrists. Scheib also claims that when he was later pulled out of a squad car, his elbow was again struck with great force. He states that he was never allowed “the opportunity to lock up his house, secure his dog or retrieve his keys and wallet.” The plaintiff states in the lawsuit that he had a “splinter lacerate and embed in his forefoot” earlier that evening, and while at the Blount County Jail he was “put in dirty cells with dried blood and urine on the floor.” He claims he was forced to walk barefoot with the open wound in his foot. Scheib alleges Boderk “used excessive force in the course of that arrest” and performed an unconstitutional search of his residence, He claims that as a result of the alleged excessive force, he has injuries to his forehead, right upper arm, elbow and to his left hand, some of which are permanent in nature. “Plaintiff is a physician and utilizes, in the course of his practice, the fine motor skills and tactile sensation of his hands,” the lawsuit states. He alleges that Berrong and Blount County were negligent to hire Broderk and had inadequate supervision over the deputy. Scheib is suing for $1 million in compensatory damages, $500,000 in punitive damages, reasonable attorney fees and costs, and other further and general relief tho which he “may show himself entitled.” Blount County Sheriff’s Office Public Information Officer Marian O’Briant said Berrong does not comment on pending lawsuits.