CHRISTIANSBURG -- The widow of the Montgomery Regional Hospital security guard killed by inmate William Morva two years ago has filed a lawsuit against a Montgomery County sheriff and three deputies, claiming they could have prevented Derrick McFarland's death.

Cindy McFarland filed the suit in Montgomery County Circuit Court last month, naming Sheriff Tommy Whitt, Capt. Robert Hall, Lt. B.J. Smith and Deputy Russell Quesenberry as defendants. She is seeking $9.8 million in damages.

Hall and Smith oversee the Montgomery County Jail. Quesenberry escorted Morva from the jail to the hospital in the early morning of Aug. 20, 2006, after Morva complained that he had fallen in his cell and hurt his wrist and ankle.

In a bathroom at the hospital, Morva knocked Quesenberry unconscious with a metal toilet paper dispenser and stole his loaded pistol, which he used to fatally shoot Derrick McFarland and sheriff's Cpl. Eric Sutphin the next day.

A jury in Washington County Circuit Court in Abingdon -- where the trial was moved because too many people in Montgomery County had ties to the case-- found Morva guilty of three counts of capital murder and other charges in March. He was sentenced to death.

Testimony in the case has revealed that while Quesenberry walked with Morva into the hospital, Morva repeatedly tried to walk on Quesenberry's right side, where he kept his weapon, and had to be told to move to the left. Also, Morva at one point dropped his discharge papers. Quesenberry picked them up for him.

The lawsuit claims that Quesenberry should have recognized those events as attempts by Morva to reach his weapon and been on alert. It also claims Quesenberry shouldn't have let Morva go into the bathroom alone.

Because of Morva's injuries, only one hand was cuffed to a waist chain and his legs were not shackled.

The lawsuit says that in determining what security measures should have been in place when Morva was taken to the hospital, the defendants should have considered several factors, including Morva's violent history and willingness to use firearms, as evidenced by his attempted armed robbery of a Deli Mart in the summer of 2005.

Also, the lawsuit states, the defendants knew that Morva and his lawyer had engaged in plea negotiations the week of Aug. 16, 2006, without coming to an agreement. Morva's trial on the attempted robbery and other charges was scheduled for Aug. 23, 2006.

"The death [of Derrick McFarland] was preventable if basic escort procedures and common sense had been used, especially for a known dangerous inmate who had previously used a firearm in the commission of a crime," Cindy McFarland's lawyer, Mary Lynn Tate of Abingdon, said Tuesday.

"A jury has already determined who is responsible for his death and that's William Morva," said Elizabeth Dillon, who is representing all four defendants.

Cindy McFarland referred calls to Tate.

Whitt said Tuesday that he takes the lawsuit very seriously but, at the advice of his counsel, can't comment on it until the appropriate time.

Quesenberry is the only defendant who has filed a response to the lawsuit. In it, he said Derrick McFarland's death "was caused solely by the intentional criminal acts of Morva."

The first set of summonses delivered to Whitt, Hall and Smith weren't properly signed and dated, so the three had to be served with papers a second time. Each has 21 days from the date of service to respond. Whitt received his papers Tuesday.