Evans vs. Bledsoe County, Pikeville, Et Al
Evans vs. Bledsoe County, Pikeville, Et Al
Evans vs. Bledsoe County, Pikeville, Et Al
pursuant to Federal Rules of Civil Procedure 7-12, and hereby states for his cause of
County, Tennessee.
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2. Defendant, Bledsoe County, Tennessee is a municipality chartered by
the State of Tennessee and as such is a political subdivision under the laws of the
Bledsoe County, Tennessee may be served through its “chief executive officer”
and/or its Mayor Gregg Ridley, who can be served at 3150 Main Street, Pikeville,
TN 37367.
the State of Tennessee and as such is a political subdivision under the laws of the
a law enforcement agency known as the Pikeville Police Department. The City of
Pikeville, Tennessee may be served through its “chief executive officer” and/or its
Mayor Philip Cagle who can be served at 25 Municipal Drive, Pikeville, TN 37367.
Police Department at all times material hereto. At all pertinent times, this
Defendant was acting by virtue of his position as a law enforcement official of the
Pikeville Police Department and under the color of state law. This Defendant is
being sued individually and as his official capacity as a member of the Pikeville
Police Department. Defendant Ricky Hodge can be served with process at 25
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Defendant Ricky Hodge acted under the color of state law because he was acting in
the performance of his official duties but acted outside of his lawful authority.
best knowledge a citizen of Bledsoe County, Tennessee and was a member of the
Bledsoe County Sheriff Department at all times material hereto. At all pertinent
times, this Defendant was acting by virtue of his position as a law enforcement
official of the Bledsoe County Sheriff Department and under the color of state law.
This Defendant is being sued individually and as his official capacity as a member
of the Bledsoe County Sheriff Department. Defendant Chase Roberts can be served
with process at 235 Allen P Deakins Rd, Pikeville, TN 37367. At all times
mentioned in this complaint, Defendant Chase Roberts acted under the color of
state law because he was acting in the performance of his official duties but acted
6. The Defendants were acting under color of law so as to subject them to
7. This court has jurisdiction over the subject matter and the parties to
WAIVER OF IMMUNITY
City of Pikeville and Defendant Bledsoe County Government is removed based on
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the negligent conduct of Defendants Ricky Hodge and Chase Roberts acting under
the scope of employment of the Pikeville Police Department and the Bledsoe County
Sheriff’s Department, which directly and proximately caused the injuries of Plaintiff
11. The conduct of Defendants Ricky Hodge and Chase Roberts, which
constitutes a common law assault and battery, is not an enumerated exception to
Hodge and Chase Roberts, acting under the scope of employment of the Pikeville
Police Department and the Bledsoe County Sheriff Department, respectively, which
directly and proximately caused the injuries of Plaintiff James Arthur Evans.
the City of Pikeville Police Department and the Bledsoe County Sheriff’s
Department, respectively.
FACTUAL ALLEGATIONS
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Plaintiff hereby incorporates, in its entirety, each and every paragraph
contained in this Complaint and by reference make said Paragraphs a part hereof
15. This action arises out of an attack occurring on August 22, 2018, at
approximately 11:30 p.m. at the residence of the Plaintiff James Arthur Evans in
Pikeville, Tennessee. During this attack, the Plaintiff James Arthur Evans was
wrongfully battered, unlawfully seized, and detained against his will by the
the Plaintiff’s residence. This illegal battery, seizure, and detainment of the
Plaintiff James Arthur Evans caused the Plaintiff to sustain severe, permanent
16. Specifically, the Defendants Ricky Hodge and Chase Roberts did
negligently, while acting within the scope of their employment, batter the Plaintiff
James Arthur Evans at the Plaintiff’s residence by jumping on top of him, slamming
him to the ground, breaking his foot, and tasing him. Notwithstanding, Defendants
Ricky Hodge and Chase Roberts were then and there guilty of one or more of the
17. Specifically, the Defendants Ricky Hodge and Chase Roberts did
intentionally, while acting within the scope of their employment, batter the Plaintiff
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James Arthur Evans at the Plaintiff’s residence even though the Plaintiff James
Arthur Evans was not acting with harm toward anyone else at the time of the
incident. Notwithstanding, Defendants Ricky Hodge and Chase Roberts were guilty
18. The Defendants Ricky Hodge and Chase Roberts, acting within the
scope and course of their employment, willfully and wantonly or with gross
negligence slammed the Plaintiff James Arthur Evans onto the ground, although
Defendants knew, or should have known, that such conduct posed an unreasonable
risk that would likely cause serious injury to Plaintiff James Arthur Evans;
19. The Defendants Ricky Hodge and Chase Roberts, acting within the
scope and course of their employment, willfully and wantonly or with gross
Arthur Evans injury although Defendants knew, or should have known, that such
conduct posed an unreasonable risk that would likely cause serious injury to
20. The Defendants Ricky Hodge and Chase Roberts, acting within the
scope and course of their employment, willfully and wantonly or with gross
negligence illegally seized and detained the Plaintiff James Arthur Evans against
his will, although the Defendants knew, or should have known, that such conduct
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posed an unreasonable risk that would likely cause serious injury to Plaintiff James
Arthur Evans.
COUNT I-NEGLIGENCE
Plaintiff hereby incorporates, in its entirety, each and every paragraph
contained in this Complaint and by reference make said Paragraphs a part hereof
21. Defendants, Bledsoe County and the City of Pikeville and by and
through their respective employees acting within the scope of their employment,
were guilty of violating statutes of the State of Tennessee which were in full force
and effect at the time of this attack; said violations constitute negligence per se and
22. Defendants, Bledsoe County and the City of Pikeville, by and through
their respective employees acting within the scope of their employment, were
unlawful and unreasonable seizure of persons and use of excessive force in
deliberate indifference and reckless disregard of the welfare of the city’s citizens
23. Defendants, Bledsoe County and the City of Pikeville, by and through
their respective employees acting within the scope of their employment, were
negligent in failing to comply with all applicable rules, regulations, customs and/or
practices with respect to unlawful and unreasonable seizure of persons and use of
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excessive force in deliberate indifference and reckless disregard of the welfare of the
city’s citizens and the safety and rights of other persons in the community.
24. Defendants, Bledsoe County and the City of Pikeville, knew or should
have known the Defendants Ricky Hodge and Chase Roberts were using illegal
actions in their encounters with persons in order to arrest them prior to this attack
omissions of the Defendants, Bledsoe County and the City of Pikeville, the Plaintiff
has been injured, causing actual physical and emotional injuries, and other
damages and losses described herein entitling Plaintiff to compensatory and special
damages.
contained in this Complaint and by reference make said Paragraphs a part hereof
26. Defendants, Bledsoe County and the City of Pikeville had a duty of
care to Plaintiff James Arthur Evans to ensure that the employees of the Police
Department were properly screened before hiring, trained, disciplined and fired
where necessary in the requirements for a proper arrest, the prohibition against
using a pretext to make an arrest, the proper use of force available when making an
arrest, and the circumstances under which a taser might be employed to effectuate
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an arrest, and they had a duty to ensure that supervisory officers not condone
27. Defendants, Bledsoe County and the City of Pikeville failed to develop
and promulgate policies outlining the guidelines for appropriate use of force, failure
to train officers and investigators to follow those guidelines, and failure to train
Arthur Evans.
28. Defendants Defendants, Bledsoe County and the City of Pikeville’ acts
or omissions with regard to Plaintiff’s constitutional rights are the direct and legal
cause of Plaintiff James Arthur Evans’ actual physical and emotional injuries, and
other damages and losses described herein entitling Plaintiff to compensatory and
special damages.
contained in this Complaint and by reference make said Paragraphs a part hereof
29. Defendants Ricky Hodge and Chase Roberts’ use of excessive force,
assault and battery on Plaintiff James Arthur Evans and was willful, malicious and
beyond the scope of their authorized use of the taser so as to warrant the imposition
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30. As a result of this assault and battery, Plaintiff James Arthur Evans
suffered horrific injuries, which are permanent in nature, and which are the direct
and legal cause of Plaintiff James Arthur Evans’ actual physical and emotional
injuries, and other damages and losses described herein entitling Plaintiff to
contained in this Complaint and by reference make said Paragraphs a part hereof
31. Defendant Ricky Hodge tased the Plaintiff James Arthur Evans and
Plaintiff James Arthur Evans was seized for the purposes of the Fourth
32. At the time Plaintiff James Arthur Evans was placed under “arrest,”
Defendant Ricky Hodge and Chase Roberts had no legal authority to make the
“arrest.”
33. During this false arrest, Plaintiff James Arthur Evans suffered
grievous bodily injury at the hands of the Defendants Ricky Hodge and Chase
Roberts when the Defendants Ricky Hodge and Chase Roberts employed the use of
excessive force to “seize” the Plaintiff James Arthur Evans against his will, and
34. Defendant Ricky Hodge’s use of excessive force, including the use of a
taser during this false arrest, was willful, malicious and beyond the scope of his
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authorized use of excessive force and use of a taser so as to warrant the imposition
35. As a result of this false arrest, Plaintiff James Arthur Evans suffered
horrific injuries, which are permanent in nature, and which are the direct and legal
cause of Plaintiff James Arthur Evans’ actual physical and emotional injuries, and
other damages and losses described herein entitling Plaintiff to compensatory and
special damages.
36. On August 25, 2018, Officer Wheeler with the City of Pikeville Police
Department handcuffed the Plaintiff and told him there were warrants for his
arrest. While Plaintiff was in the back of the patrol car, dispatch stated there were
Tammy Cagle, that Defendant had warrants out for his arrest and that Plaintiff
but never found one. Plaintiff was not arrested until November 7, 2018, by the
contained in this Complaint and by reference make said Paragraphs a part hereof
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39. Defendants, Bledsoe County and the City of Pikeville had a duty to
investigate the actions of the Defendants Ricky Hodge and Chase Roberts and
discipline and/or fire these Defendants for their prior unlawful acts and unlawful
actions in the “arrest” of Plaintiff James Arthur Evans, including their unlawful use
of excessive force.
40. The failure of the Defendants, Bledsoe County and the City of Pikeville
to investigate and take disciplinary action against the Defendants Ricky Hodge and
Chase Roberts constitute tacit approval of their conduct and ratification of their
actions.
41. Those actions and/or omissions were the direct and legal cause of the
Plaintiff James Arthur Evans’ actual physical and emotional injuries, and other
damages and losses described herein entitling Plaintiff to compensatory and special
damages.
contained in this Complaint and by reference make said Paragraphs a part hereof
43. Defendants Ricky Hodge and Chase Roberts had a duty to the Plaintiff
James Arthur Evans to ensure they had probable cause to arrest the Plaintiff
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James Arthur Evans and had a duty to exercise due care in the use of excessive
44. The Defendants Ricky Hodge and Chase Roberts breached that duty
when they negligently and/or intentionally used excessive force, including the use of
a taser, causing Plaintiff James Arthur Evans severe and permanent injury.
45. Plaintiff James Arthur Evans suffered severe injuries as a result of the
Defendants Ricky Hodge and Chase Roberts’ negligence and/or intentional infliction
because of the Defendants Ricky Hodge and Chase Roberts’ negligence because he
was cognizant of being severely beaten, unlawfully seized, arrested, and detained.
46. Defendants Ricky Hodge and Chase Roberts’ negligence is a direct and
But for their negligent conduct, Plaintiff James Arthur Evans would have suffered
negligent and/or intentional infliction of emotional distress is the direct and legal
cause of Plaintiff James Arthur Evans’s actual physical and emotional injuries, and
other damages and losses described herein entitling Plaintiff to compensatory and
special damages.
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Plaintiff hereby incorporates, in its entirety, each and every paragraph
contained in this Complaint and by reference make said Paragraphs a part hereof
48. Defendants Ricky Hodge and Chase Roberts committed the above
described actions and/or omissions under the color of law and by virtue of their
authority as law enforcement officials of the City of Pikeville Police Department and
the Bledsoe County Sheriff Department and substantially deprived the Plaintiff
James Arthur Evans of the rights, privileges, and immunities guaranteed to him by
the Fourth and Fourteenth Amendments of the United States Constitution, Article
U.S.C. § 1983 and 1988 including, but not limited to the following:
force;
49. As a direct and proximate result of the Defendants Ricky Hodge and
Chase Roberts’ acts and omissions, Plaintiff James Arthur Evans was severely
injured, unlawfully detained against his will, and these acts and omissions on the
part of the Defendants Ricky Hodge and Chase Roberts are the direct and legal
cause of Plaintiff James Arthur Evans’ actual physical and emotional injuries, and
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other damages and losses described herein entitling Plaintiff to compensatory and
special damages.
contained in this Complaint and by reference make said Paragraphs a part hereof
50. At all times material hereto, Ricky Hodge and Chase Roberts were
acting by virtue of the laws of the State of Tennessee and by virtue of their positions
as law enforcement officers of the City of Pikeville Police Department and Bledsoe
52. The conduct of the Defendants, Bledsoe County and the City of
of the Plaintiff James Arthur Evans, if any, and shocks the conscience of a civilized
society and constitutes the use of excessive and unreasonable force in violation of
the rights secured to the Plaintiff James Arthur Evans by the Fourth Amendment
and 1988.
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53. The conduct of the Defendants, Bledsoe County and the City of
of the Plaintiff James Arthur Evans, if any, and was deliberately indifferent to the
substantive due process liberty interests of the Plaintiff James Arthur Evans in
violation of the rights secured to the Plaintiff James Arthur Evans by the
54. Defendants, Bledsoe County and the City of Pikeville are liable for the
unconstitutional and unlawful any, prior acts of these officers involved in this
lawsuit as well as the actions and/or omissions of the officers involved in this attack,
which is subject to this complaint, due to the following rules, regulations, policies,
practices and/or customs on the Pikeville Police Department and Bledsoe County
Sheriff Department which were in effect at the time of this attack as well as being
in effect at the time of any prior acts and which were the underlying direct and
adequately train, implement policies and procedures, and educate its officers to
prevent unreasonable and unlawful seizure and detainment of persons and use of
with respect to unreasonable and unlawful seizure of persons against their will and
use of excessive force are tolerated in deliberate indifference and reckless disregard
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b. Defendants, Bledsoe County and the City of Pikeville repeatedly and
knowingly failed to discipline its officers with respect to violations of the laws of the
State of Tennessee, the Constitution of the United States, and its own policies
regarding unreasonable and unlawful seizure and detainment of persons and use of
such illegal and unconstitutional behavior is tolerated, condoned, and accepted in
deliberate indifference and reckless disregard to the public, including the Plaintiff.
55. Defendants, Bledsoe County and the City of Pikeville regarding prior
attacks as well as this attack were in direct violation of the rules and regulations of
the City of Pikeville Police Department and Bledsoe County Sheriff Department,
the statutes of the State of Tennessee and the United States Constitution regarding
unlawful and unreasonable seizure and detainment of persons against their will
and use of excessive force. Despite violating the rules and regulations of the City of
proximately caused by the policies, practices, and customs of these Defendants were
the direct and legal cause of Plaintiff James Arthur Evans’ actual physical and
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emotional injuries, and other damages and losses described herein entitling
DAMAGES
contained in this Complaint and by reference make said Paragraphs a part hereof
omissions of the Defendants, Plaintiff James Arthur Evans has suffered personal
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(i) A declaratory judgment that the policies, practices or customs of the
Pikeville Police Department and the Bledsoe County Police Department complained
(j) All such further relief, both general and specific, to which he may be
contained in this Complaint and by reference make said Paragraphs a part hereof
follows:
a. That this Complaint be received and filed, and that proper process
issue and be served upon the Defendants, requiring them to answer in the time and
b. That Plaintiff James Arthur Evans sues for an amount in excess of
relief stating and holding that the policies, practices, and customs of the Pikeville
unconstitutional.
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d. The Plaintiff sues for attorney fees pursuant to 42 U.S.C. §1988;
e. That Plaintiff hereby demands a jury to try all issues and causes
herein; and
f. That Plaintiff has such other and further general relief as he may
prove entitled.
Respectfully submitted,
/s/ Roger D. Layne_____________
Roger D. Layne (B.P.R. # 33873)
Davis, Kessler & Davis
433 Cherokee Blvd.
Chattanooga, TN 37405
Phone: (423) 267-7000
Fax: (423) 717-5488
[email protected]
Attorney for Plaintiff
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