Michael Morris’s Lawsuit Against Timothy Derosha: Ruling and Charges

The Michael Morris and Timothy Derosha lawsuit is a pair of federal civil rights cases, now consolidated, arising from a December 2022 traffic stop in which Virginia State Trooper Timothy Derosha pulled Morris over at gunpoint in a hospital parking lot as Morris was rushing his 10-year-old daughter to the emergency room. A federal judge has allowed the case to proceed to a jury trial scheduled for April 2027 in Roanoke.

What Happened in the Hospital Parking Lot

Morris and his wife were driving their daughter Marta to LewisGale Medical Center in Salem, Virginia, when her condition worsened. She had pneumonia that had progressed to include influenza A and hypoxia, and in the car she went limp, struggled to breathe, and began losing color.¹ About two miles from the hospital, Morris sped up to roughly 65 mph in a 45 mph zone, ran red lights, turned on his hazard lights, and called 911 to say he was bringing a child in a medical emergency.²

Derosha pursued and stopped him in the LewisGale parking lot, steps from the ER entrance. Dashcam footage later obtained by WSLS 10 News shows Derosha drawing his firearm, pointing it at Morris, and telling him, “I’m going to kill you if you move again. Put your hands on the steering wheel.” Morris replied, “You’re going to kill her.”³ According to the lawsuits, Derosha did not address Marta’s medical situation for roughly 90 to 150 seconds despite being told about it by Morris and by radio dispatch.⁴ Morris’s wife carried Marta into the ER. She was later transferred by ambulance to Chippenham Hospital in Richmond, spent the week on oxygen treatment, and eventually recovered.¹

The Two Federal Lawsuits

Morris filed his suit in December 2024 in the U.S. District Court for the Western District of Virginia. The case, Morris v. Derosha et al. (No. 7:24-cv-00858), names Derosha and the Virginia Department of State Police, alleges psychological injury and a failure to properly supervise and train officers, and seeks compensatory and punitive damages along with attorney fees, interest, and costs.²⁵

A separate suit was filed in early 2025 on behalf of the daughter, identified as M.M. M.M. v. Derosha (No. 7:25-cv-00004) names Derosha in his personal capacity and alleges he violated the child’s Fourteenth Amendment substantive due process rights by detaining her and preventing her from receiving emergency treatment.⁶

The Ruling That Let the Case Proceed

Derosha moved to dismiss the daughter’s lawsuit on qualified immunity grounds. His attorneys argued that no clearly established precedent protected a vehicle passenger from a brief delay in receiving medical care during a felony traffic stop, and that a short delay did not “shock the conscience,” the threshold for a substantive due process violation.⁶

On March 30, 2026, Chief Judge Elizabeth K. Dillon denied the motion. She acknowledged there was no controlling precedent from the Supreme Court, the Fourth Circuit, or the Supreme Court of Virginia on identical facts, but concluded that existing Fourteenth Amendment case law on deliberate indifference to serious medical needs provided “general applications of core constitutional principles” that extended to passengers detained during traffic stops. A reasonable officer in Derosha’s position, the court held, would have understood that detaining a child in a medical emergency and preventing her from getting care was unlawful.⁶

The court noted the conduct was not a split-second judgment call. Derosha had been told twice that a child in the vehicle was suffering a medical emergency, and he still did not address it for roughly 150 seconds. “Seconds matter” when a patient cannot breathe, the court observed.⁴ Judge Dillon stressed that the ruling did not decide whether Derosha actually violated the child’s rights, only that the allegations were enough to let the case go forward.⁷

The Criminal Charge Against Morris

Morris was initially charged with felony eluding police, a Class 6 felony in Virginia. A grand jury declined to indict on the felony and returned a misdemeanor reckless driving indictment instead.⁸ In November 2023, he pleaded no contest to reckless driving under a deferred disposition: after six months the charge would be amended to improper driving, and the Commonwealth Attorney’s office agreed not to pursue the original felony.⁹

Where the Case Stands Now

In June 2026 the court granted a joint motion to consolidate the two lawsuits before Chief Judge Dillon. A three-day jury trial is scheduled for April 14 through 16, 2027, in Roanoke. Derosha is represented by attorney Robert Sherman Claiborne Jr., who entered an appearance in January 2026 after Derosha’s prior attorney withdrew.⁵ The Morris family’s attorney has declined to comment on the pending litigation.⁴

Derosha, a senior trooper with the Virginia State Police since September 2013, remains on the force according to the most recent available records.¹⁰ The Virginia State Police have offered no public comment on the incident or on any internal disciplinary review.³

1
WSLS. Franklin County Father Faces Felony Charge After Rushing His Daughter to the ER
2
WSLS. Franklin County Father Takes Legal Action Against VSP Trooper for Gunpoint Incident
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WSLS. Exclusive Dashcam Video Shows Encounter Between State Trooper and Franklin County Father
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WSLS. Federal Judge Rejects Trooper’s Bid to Dismiss Lawsuit
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PACER Monitor. Morris v. Derosha et al
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Virginia Lawyers Weekly. Civil Rights: Officer Sued After Delaying Child’s Emergency Room Medical Treatment
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WSET. Judge Allows Lawsuit Against Virginia Trooper Over Hospital Stop to Move Forward
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WSLS. New Video Shows Details of Dad Arrested Taking His Daughter to ER
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WSLS. Franklin County Father Accepts Plea Deal After Speeding Daughter to Emergency Room
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Open Oversight VA. Timothy Ray Derosha