By Monica Mercer, Staff Writer
A Georgia man’s $100,000 lawsuit against the city of Chattanooga for an arrest he claims violated his civil rights is set to go to trial today in U.S. District Court.
Plaintiff Ashley Johnson is seeking $50,000 from Chattanooga Police Officer Curtis Penny for negligence during his 2004 arrest and another $50,000 from the city and the police department for violating his civil rights.
According to the court complaint, Officer Penny used a Taser on Mr. Johnson’s body several times as other police officers held him down outside a local nightclub. Officer Penny was in the process of arresting Mr. Johnson for disorderly conduct and resisting arrest.
Mr. Johnson states in his complaint that no one offered him medical treatment at the scene. He said he had to go to Erlanger hospital, where he received treatment for burns and a hemorrhage to his eye, as a result of the arrest.
Charges against Mr. Johnson later were dropped. The court complaint charges Officer Penny unlawfully arrested Mr. Johnson and that his actions showed “deliberate disregard for the constitutional and statutory rights of the Plaintiff.”
In its answer to the court, the city denies that Mr. Johnson’s civil rights were violated.
Court documents state Officer Penny used a Taser to gain control of Mr. Johnson because he had become “loud and argumentative” and had started to “swing his arms wildly.”
The city also states that officers called an ambulance to the scene, but Mr. Johnson refused medical treatment.
Attorney Michael Raulston, who represents Mr. Johnson, declined to comment on the case.
Attorneys for the defendants could not be reached for comment.
E-mail Monica Mercer at mmercer@timesfreepress.com
