A man has sued a North Carolina state trooper for allegedly punching and dragging him across concrete after suffering an epileptic seizure that apparently caused him to crash his car.
Thomas Simmons, who says he suffers from epilepsy, is accusing Sgt. Ashley Smith with the North Carolina State Highway Patrol of disability-based discrimination, using excessive force in violation of the Fourth Amendment, and even falsely indicating he was driving impaired.
Simmons was 44 years old when, on May 25, 2024, he was driving a car on Highway 33 in Greenville as part of his job delivering items to customers for Walmart. According to the lawsuit, he began having an epileptic seizure, lost consciousness and control, sideswiped another car and crashed into a utility pole.
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A witness called 911, and Smith responded to the scene. When he got there, a witness told the officer that the driver, Simmons, “appeared to be having a seizure,” per the lawsuit. Greenville police officers also responded to the crash site.
Smith is said to have made statements “indicating he understood” Simmons was suffering from a seizure, such as, “Notify Greenville PD, I believe somebody advised that the subject’s possibly having a seizure.” When a bystander told Smith, “He’s seizing,” after Smith stepped out of his vehicle, the trooper replied with the same words, “He’s seizing,” per the lawsuit.
Furthermore, according to Simmons, Smith requested the man’s hospital records the next month. In his report, Smith wrote that when he found Simmons, he “was slumped over and appeared to be suffering from what I originally thought was a seizure or medical condition based on what witnesses on scene were telling me and what I was observing from him.”
Smith approached Simmons’ car and saw him “convulsing inside his vehicle,” leading him to break the front passenger-side window and attempt to make contact with the man. “Hey brother, you alright? S—t. Hey man, be still, brother. Be still,” he reportedly said.
However, when Smith backed away — despite not noticing any drugs in the vehicle — he told onlookers, “Looks like a drug problem. Y’all step on back,” per the lawsuit, which stated Simmons was incapacitated, moaning and crying unintelligibly.
“Hey man, what’s your name, brother?” Smith reportedly asked, again attempting to communicate with Simmons. He managed to get the door open, prompting Simmons to “woozily” rise to his feet. Smith apparently did not like that.
“Don’t get out,” he allegedly said. “Hey, I’m gonna hurt you, man.” The trooper is said to have repeated this threat as Simmons “did not respond” to his commands, and after the second time, Smith “delivered a forceful, closed fist strike directly to Plaintiff’s face,” the lawsuit states.
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