Doctor refiles $1.5M suit against sheriff, deputy in Blount County, federal courts

By Jessica Stith
of The Daily Times Staff

An Alcoa doctor who filed a lawsuit against the Blount County sheriff, a deputy and Blount County claiming “assault and battery” and “false arrest and imprisonment” has filed a new lawsuit in federal court and has also filed the lawsuit in Blount County Circuit Court.

Dr. Jeffrey Steven Scheib is suing for more than $1.5 million because he claims that when he was arrested on Nov. 21, 2006, on a charge of interfering with a lawful hunt, Deputy Gregory Boderk conducted an unconstitutional search of his residence, arrested him without probable cause and used excessive force during the arrest. The charge against Scheib was dismissed on March 21.

The original lawsuit that was filed on May 31 in U.S. District Court was closed on Oct. 18 and was filed again on Nov. 21. Scheib also filed the lawsuit in Blount County Circuit Court on Nov. 21.

Scheib’s attorney, John E. Eldridge, said the original lawsuit had been dismissed so some small changes could be made in the wording of the suit. He said it was easier to dismiss the case and file a new one.

Additional claims

The Daily Times reviewed the old case with the new case filed in U.S. District Court and found that the changes mostly consisted of additions in his claims against Blount County Sheriff James Berrong and Blount County.

He added that Berrong and Blount County had “contemporaneous knowledge of the offending incident and/or knowledge of a prior pattern of similar incidents, and inaction on the part of both Blount County and Defendant Berrong communicated a message of approval to Defendant Boderk, and to other members of the Blount County Sheriff’s Office.”

Scheib also added that Berrong, “encouraged, and/or directly participated in, and/or implicitly authorized, approved, or knowingly acquiesced in the unconstitutional conduct” of Boderk and the sheriff’s office.

‘Trespassing hunters’

Scheib claims in his lawsuit that he was awakened to the sound of hunting dogs on Nov. 21, 2006, while at his residence 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 near his residence, and that he “secured the hunting dogs after the hunters abandoned the property.”
Scheib claims that he checked the tags on the dogs’ collars and was about to contact their owners when he was met by four squad cars and about eight sheriff’s deputies at his residence. He states that the team of deputies was led by Boderk and 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 (Scheib) into custody.”

Scheib states that Boderk threw him to the ground, causing him to hit his elbow with great force. He states Boderk handcuffed him in a way that compressed the nerves at the level of his wrists. He also claims that his elbow was struck again when he was later pulled from the cruiser. 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 claims that he had a “splinter lacerated 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 an open wound on his foot.

Permanent injuries?

Scheib alleges Boderk “used excessive force in the course of his arrest” and performed and 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 Blount County and Berrong were negligent to hire Boderk and had inadequate supervision over the deputy.

In both lawsuits, Scheib is suing for $1 million in compensatory damage, $500,000 in punitive damages, reasonable attorney fees and other further relief which he may show himself entitled.

Blount County Sheriff’s Office Public Information Officer Marian O’Briant said Monday that Berrong does not comment on pending lawsuits.