Plaintiffs also expert witnesses in wrongful termination suit

GALVESTON - The plaintiffs in a lawsuit against the University of Texas Medical Branch alleging wrongful termination have designated themselves as expert witnesses.

Tim Scheurer and Ivory Lartigue will testify about their professional training and experience, the circumstances of the emergency apprehension detention and "warrantless arrest" that form the basis of their suit, a two-page document filed Sept. 2 before the Galveston County 122nd District Court says.

Scheurer and Lartigue sued the 120-year-old medical facility March 31 after the defendant fired them late last year for refusing to take a patient into custody.

The complainants argue UTMB ordered them to apprehend the potential patient with no justification or probable cause.

On Oct. 18, 2010, a man went to the respondent's facilities seeking treatment.

The original petition shows UTMB wanted an emergency apprehension detention to be conducted and the man removed from the premises, but the plaintiffs' investigation revealed that the visitor not to be a threat to himself and others.

The plaintiffs say their immediate supervisor asked them to perform the arrest, but they countered that such action was a violation of the Constitution.

The defendant removed them from the force for insubordination shortly afterwards.
UTMB filed its formal response on Apr. 25, insisting its actions regarding the complainants "was based on reasonable factors, made in good faith and for good cause, was essential and necessary to the operations of its business and were at all times motivated and required by legitimate, non-retaliatory business considerations."

Attorney Kerry L. Neves of Dickinson, the plaintiffs' lead counsel, is also tabbed an expert witness.

Case No. 11-cv-548