Deputies who are being sued for their roles in the death of a New Market man with Down syndrome are challenging a ruling that allowed the man’s mother to pursue the legal action against them.
Attorneys for the Frederick County sheriff’s deputies filed a brief last week arguing that the U.S. Court of Appeals should overturn a federal judge’s Sept. 9 decision to allow a wrongful-death lawsuit to go forward.
Patti Saylor accused the deputies, Richard Rochford, Scott Jewell and James Harris, of violating her son Ethan Saylor’s right to constitutional protection from unreasonable search and seizure when they arrested him before he collapsed and died in January 2013.
The 26-year-old man died after he watched the movie “Zero Dark Thirty” with a caretaker at the Westview Promenade in Frederick. When he returned to the theater during a second showing and refused to leave, management called in the deputies, who were working off-duty as security officers, to resolve the situation.