He was arrested the day after he was released from the hospital, his attorney said during his trial.
Charleston attorney Mark Atkinson is representing Foglesong in the lawsuit. He could not be reached for comment Friday.
No one from the hospital returned a phone call Friday.
Kanawha County Assistant Prosecutor Michele Drummond told jurors that, on Sept. 14, Foglesong told his Highland Hospital counselor, Jonathan Proctor, that he was having homicidal thoughts and "thinking of killing someone, up close and personal."
Foglesong told Proctor that he was scared he might wear a mask to a Sissonville High School football game and open fire, hoping to commit suicide by drawing police fire, Drummond told the jury. Foglesong allegedly said he wanted to commit the violent act around Halloween, when no one would question his wearing a mask.
Defense attorney John Sullivan told jurors that Foglesong was afraid of his thoughts, and was confiding them to his counselor in an attempt to get better.
"Shawn did not commit a crime in the therapy room at Highland Hospital," Sullivan said during closing arguments.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.