Hamilton County Sheriff's Office / Charles Van MorganA former candidate for Tennessee governor is suing Hamilton County, accusing officials of violating his rights when he was removed from a polling location for allegedly harassing voters during early voting in October.
The lawsuit claims four Election Commission officials prevented Charles Van Morgan, who was running for governor as an independent, from exercising his right to free speech and is asking for more than $4 million in compensation and the return of his 9mm Glock that was confiscated during his arrest.
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The civil rights lawsuit was filed Thursday by Van Morgan in federal court against Election Administrator Scott Allen and others. The lawsuit also names Hamilton County District Attorney General Coty Wamp and the two Chattanooga police officers who arrested Van Morgan on Oct. 24 as defendants.
The Hamilton County Election Commission, the Chattanooga Police Department and Wamp did not respond to requests for comment made via email, phone or text.
Van Morgan, 59, who was accused of verbally harassing voters and resisting arrest, was campaigning at the Hamilton County Election Commission office at 700 River Terminal Road when he was arrested and charged with one count of obstruction of legal process, one count of interfering with a person's right to vote and one count of resisting arrest, according to Hamilton County Criminal Court records.
Van Morgan, who was released on his own recognizance and vowed to never return to Hamilton County in a statement made to the Chattanooga Times Free Press shortly after his release, is scheduled to appear before Hamilton County General Sessions Court Judge Lila Statom on March 27.
Van Morgan said by phone Friday he could not comment on the lawsuit.
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In Tennessee, electioneering is prohibited within 100 feet of a polling place. In the complaint, Van Morgan claims he did not go beyond a sign calling out the 100-foot rule and never used force or violence against any voter at any time.
He also alleges he was struck in the side by police officers during his arrest, which he said resulted in possible fractured ribs.
Van Morgan further claims in the lawsuit that on Jan. 11 Wamp's office refused him access to evidence in the case.
Chattanooga Police Officers Michael Morales and Sgt. Mark Bender responded to a disorder call shortly before noon on Oct. 24 and were told Van Morgan was screaming about politics, cursing, getting in people's faces and harassing voters, according to an affidavit seeking Van Morgan's arrest.
"Mr. Adams stated that he had received five complaints from voters who stated they were being harassed," the affidavit stated, referring to an Election Commission official. "While speaking to Mr. Adams, a voter, who wished to remain anonymous, approached police and stated she was yelled at by the suspect."
Allen, the election administrator, said in an email to the Times Free Press at the time that the commission received complaints from voters.
"We sent out an employee to let Mr. (Van) Morgan know he would need to tone it down and quit being so aggressive towards voters," Allen said in the email. "He began yelling at said employee and refused to adjust his tone towards the public visiting our office to vote. After additional complaints from voters, we called the Chattanooga PD to assist with the situation. At this point, we had no further engagement with Mr. (Van) Morgan."
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In his lawsuit, Van Morgan claims Allen and other election officials made false statements about him to the media and that he did not refuse to cooperate with Election Commission officials at any time.
"I was falsely charged with interfering with an election, disorderly conduct and resisting arrest," Van Morgan said in the lawsuit.
Van Morgan came in seventh place in his run for governor, receiving 1,859 votes. Gov. Bill Lee was re-elected with 1.1 million votes.
Contact La Shawn Pagán at lpagan@timesfreepress.com or 423-757-6476.