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Frederick County's sheriff and board of commissioners will have to respond to a $145 million lawsuit filed by the family of a man who died last year shortly after a deputy used a Taser on him.

U.S. District Court Judge William D. Quarles Jr. on Wednesday reversed his own decision in August that removed Sheriff Chuck Jenkins and the commissioners as co-defendants in the suit alongside Corp. Rudy Torres.

"I have spoken with the family and they are elated," said Gregory Lattimer, a lawyer for the family. "It [the suit] started off trying to hold those accountable, but we had some procedural issues they [the court] tried to hold against us. But now we're back on track and now the people that are responsible are in the position to be held accountable."

Quarles dismissed all claims against the commissioners and Jenkins in August, but Ted Williams, an attorney for the Gray family, appealed.

Williams and Lattimer provided Quarles with additional information, including depositions from the sheriff and Commissioner Charles A. Jenkins (R). Commissioner Jenkins testified that the Board of County Commissioners funds the sheriff's office, Lattimer said.

Also, Sheriff Jenkins testified that he is responsible for the training of his deputies, Lattimer said.

Torres was responding to the report of three men fighting at around 5 a.m. on Nov. 18, 2007. Torres was the first deputy on the scene, and ordered the men to stop fighting. Two of the men complied, but Gray walked away, cursed at the deputy and said he didn't have to show his hands, according to Jenkins.

Gray then turned around toward Torres, with his hands still in his pockets, and Torres fired his Taser twice in a 23-second time span.

Lattimer said there is no court date at this time. "We're moving it along, but we haven't set a trial date," he said. "Probably sometime in the mid to later part of 2009."

Jenkins (R) declined to comment on the judge's decision. "I haven't read the opinion yet," he said.

The case against Jenkins and the county seeks damages for seven counts, including wrongful death, police brutality/excessive force, deprivation of civil rights, and negligent training and supervision.

On May 9, a Frederick County grand jury found Torres justified in his actions, following the presentation of an investigation by the Frederick Police Department into the circumstances surrounding Gray's death.

The medical examiner said the cause of Gray's death was a combination of the method of restraint, in this case the Taser, alcohol intoxication, and Gray's unique anatomical makeup.