Mediation is taking place in a suit brought by the children of a woman living in a Sugar Land nursing home who claim they have been banned from the facility because social media postings.

As previously reported, Mackey Glen Peterson, Don Leslie Peterson and Lonny Peterson filed a lawsuit July 29 in the U.S. District Court for the Southern District of Texas Houston Division against Silverado Senior Living, doing business as Silverado Senior Living–Sugar Land, and Tana McMillon.

The Petersons allege their visitation rights to Silverado Senior Living had been revoked based on the “posting of exploitive and invasive materials which also violate the privacy rights of other Silverado residents.”

Court records show the parties recently held a settlement conference.

On Jan. 15 Judge Nancy Atlas signed an order abating case deadlines, which states the parties shall file a status report by Feb. 10 concerning the settlement agreed to in mediation. If the case is not settled by that time, the parties must schedule an additional mediation session.

According to the original complaint, Lonny Peterson claims he attempted to visit his mother July 27, but was told to leave the premises. That same day, Don Peterson and his spouse also attempted to see their mother at the home, but were stopped at the door and warned, saying they would be arrested if they did not immediately leave the premises, according to the complaint.

The plaintiffs say they currently have no way to see their mother – they are prohibited from visiting the nursing home and cannot remove their mother from the facility because it is locked.

The plaintiffs seek nominal and actual damages of more than $100,000, but less than $500,000, plus exemplary or punitive damages, pre- and post-judgment interest, costs, attorneys’ fees and other relief the court deems just.

Attorneys Candice Leonard Schwager of The Schwager Law Firm in Houston and Philip M. Ross of San Antonio are representing them.

Case No. 4:14-cv-02179

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