Ferguson v. Foster

By JUDGE KENNETH E. TRABUE

I have reviewed the pleadings and the memorandums filed by both sides and find that the defendant’s motion for summary judgment should be sustained.

Sheriff Foster is the sole defendant in this case. It is evident from the motion for judgment that the alleged acts of negligence by the deputies in placing the plaintiff in a holding cell with two other prisoners was in the exercise of a discretionary act during the scope of their employment with the Roanoke County Sheriff’s Department. Sheriff Foster was an elected constitutional officer; and in my opinion, he is…