Judge allows some claims in $35m lawsuit filed by Charles Byers family to move forward

RICHMOND, Va. — Parts of the $35 million lawsuit filed by the family of Charles Byers against the hospital and nurse who cared for him before he died in a police shooting will move forward after a ruling by a federal judge.

The family initially sued HCA Healthcare's Chippenham Hospital and Richmond Police alleging the two entities acted in partnership to improperly remove Byers from the facility while he was required to be there under a court order for mental health treatment. The plaintiffs filed five counts including alleged violations of civil rights and wrongful death.

This week, U.S. District Court Judge Roderick Young ruled on a motion from the defense to dismiss all claims against Chippenham Hospital and its employee. At this point in the litigation, the judge primarily considered the plaintiff's allegations.

The judge will allow two claims to proceed against the hospital: 1) denial of the right to be free from seclusion and restraint and 2) wrongful death. Those two claims will also proceed against an individual nurse, as well as two additional claims of 3) excessive force and 4) unlawful arrest.

WATCH: Charles Byers body cam footage

The claim of denial of medical care was dismissed against both parties. The claims of excessive force and unlawful arrest were dismissed against the hospital only.

Paul Curley, the attorney representing the Byers family, said he was "wildly excited" about the judge's opinion, which found Curley made sufficient allegations to link a private entity to the government for purposes of civil rights litigation.

Byers was admitted to Chippenham's Tucker Pavilion on July 6, 2023, under a temporary detention order (TDO), authorized by a Richmond magistrate, after a mental health evaluator determined he lacked the capacity to care for himself and needed to be involuntarily held at a psychiatric facility.

Patients under a TDO are typically held for up to 72 hours or until a special justice conducts a hearing to determine whether further treatment is necessary. A facility director can also sign off on a TDO to determine the order is no longer necessary.

WATCH: Charles Byers' family to add Chesterfield County, officer that shot son as defendants in lawsuit

As CBS 6 previously confirmed through court records, Byers had been admitted for about three hours, was not evaluated by a judge during a hearing, and his TDO did not contain a signature from a facility director.

The plaintiffs alleged Byers should have never been removed from the hospital, and Judge Young wrote in his opinion that they "correctly note that under Virginia law, [Byers’ discharge] form could not have lawfully released Mr. Byers from his TDO.”

“I think the biggest takeaway from the court's opinion is that the court found, as a matter of law that Charles Byers had been illegally discharged from the hospital," Curley said.

Byers was arrested at the hospital after an altercation between him and a nurse.

WATCH: Parents see body-cam video of their mentally ill son hours before he was killed

Body camera video obtained by CBS 6 showed medical staff attempting to move Byers to a different floor, but he would not cooperate with orders to get on an elevator.

After the staff waited some time, a nurse reached for Byers, and Byers grabbed the nurse's hand. A struggle ensued, and a Richmond Police officer attempted to handcuff Byers.

An officer announced Byers would be arrested for kicking a nurse during that struggle. The body camera video viewed by CBS 6 did not clearly show a kick.

Curley has alleged an assault charge was "fabricated" in an attempt to remove Byers from the hospital, but defense attorneys have disputed such claims, saying there's "no question" that the nurse was kicked.

In a statement, John Owen, who legally represents the hospital and its employee, said, “We are very pleased to see that the Court dismissed three of the five claims against Chippenham Hospital at this early stage of the litigation.”

Owen added they will seek dismissal of the remaining claims as they present "the true facts regarding Chippenham Hospital’s care and treatment of Mr. Byers and his subsequent arrest, to include the presentation of the arresting officer’s bodycam and witness testimony."

The judge has not yet ruled on Richmond Police's motion to dismiss.

The Byers family also recently added Chesterfield Police to the lawsuit, alleging its officer used excessive force when fatally shooting Byers. Chesterfield Police has not yet filed a response to those allegations.