The family of the man fatally shot in an apparent mental health crisis on Christmas Eve 2024 is suing the city of Chattanooga, two police officers and the police chief for at least $1 million in their official and individual capacities, court records show.
A lawsuit filed Friday in federal court accuses the Chattanooga police officers involved in the fatal shooting of Roberto Carlos Rodriguez Zayas, 38, of excessive force. The complaint alleges that Zayas did not attempt to harm or threaten anyone besides himself. It also argues that the police officers involved, Lewis Davis and Dylan Johnston, had time and failed to call for backup, make a life-preserving plan and/or de-escalate the scene.
Zayas was a military veteran with a history of post-traumatic stress disorder, the lawsuit said. He told his sister he was hearing voices, the filing said. He entered a Waffle House at 7801 E. Brainerd Road, obtained a steak knife and began to harm himself.
Zayas left the restaurant and, according to the filing, did not approach the two police officers who pursued him into a nearby wooded area.
The officers told him to drop the knife, the lawsuit said. Zayas stopped running, turned toward the officers and continued to harm himself with the knife. The police deployed tasers, which did not stop Zayas from harming himself, the complaint said, and the officers then shot and killed him.
The lawsuit accuses the Chattanooga Police Department of failing to discipline and train the officers involved in the shooting concerning proper use of force tactics, and the city of Chattanooga and Police Chief John Chambers of being aware of a history and pattern of violent and unconstitutional actions by the department.
A police spokesperson said the department was not able to comment at this time.
The suit cites Chattanooga Police Officer Sean Emmer as an example of excessive force on a citizen. Emmer was entangled in multiple use-of-force federal lawsuits and a settlement with the city related to his police work.
The filing said several other unnamed officers have been involved in federal lawsuits stemming from the use of excessive force, alleging that many cases result in settlements.
Hamilton County District Attorney Coty Wamp found Davis and Johnston were justified in their use of deadly force and committed no crimes. She asked the Tennessee Bureau of Investigation to look into the shooting, and its report included photographs, body and dash camera footage, audio and documents.
After he was flagged down by a civilian and found Zayas, Davis deployed his Taser twice to little effect, he said in an interview with state investigators. The officer said he backed up until he felt something on the back of his head, while Zayas approached with a knife and ignored commands.
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Johnston told investigators Zayas continued to point a knife at the police after he also deployed his Taser prongs, and described the allegedly violent manner in which Zayas pulled the knife out of his own throat.
Davis and Johnston collectively shot Zayas 11 times in the chest, abdomen, leg, shoulder, arm and hand, according to the report. Davis placed a tourniquet on Zayas’ right arm and used shears to cut open his shirt. Johnston began CPR after Zayas audibly gasped for air.
The Hamilton County Medical Examiner’s Office report listed the cause of death as multiple gunshot wounds and listed the manner of death as homicide. The toxicology report found the presence of hydrocodone, hydromorphone and methamphetamine in Zayas’s blood.
The city has 21 days from its reception of a summons filed Monday, court filings from the plaintiffs said, to respond to the lawsuit with an answer or a motion.
City Attorney Phil Noblett said the city has not yet been formally served with the lawsuit. Federal rules restrict his public comments about the case, including the merits of the lawsuit’s arguments.
Contact breaking news reporter Mason Edwards at medwards@timesfreepress.com or 423-757-6409.