Soddy-Daisy Federal Lawsuit

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA
John Sawyer, as Next :

of Kin of Jack Sawyer, :
deceased & Patti Grimm :
:
Plaintiffs, :
: Docket No. 1:18-cv-00091
v. :
:
The City of Soddy Daisy, :
Eric Jenkins, Matthew Thomas & :
Eric Hindmon, in their capacity as :
a police officer for The City of :
Soddy Daisy and in their individual :
capacities. :
:
Defendants. :
COMPLAINT
Comes now, the plaintiffs, in the above styled action and files this
complaint with the Court alleging:
INTRODUCTION
1. This is an action for money damages filed under 42 U.S.C.
Section 1983 to redress the deprivation of rights secured to the plaintiff,
John Sawyer, by the 4th and 14th Amendments to the United States
Case 1:20-cv-00153 Document 1 Filed 06/16/20 Page 1 of 26 PageID #: 1

Constitution and for violations of the laws of the State of Tennessee by
the above named defendants.
2. The plaintiff Patti Grimm brings an action for money damages
for a claim of negligent infliction of emotional distress pursuant to the
laws of the State of Tennessee.
3. The plaintiffs alleged that the individually named defendants,
Eric Jenkins, Matthew Thomas, and Eric Hindmon, were acting in their
capacities as police officers, agents, and law enforcements officers
employed by the City of Soddy Daisy and the City of Soddy Daisy Police
Department. All defendants were at all times relevant to the
allegations and facts supporting the allegations of this complaint acting
under the color of law and under the color of their positions and office
with the City of Soddy Daisy and with the City of Soddy Daisy Police
Department.
4. The plaintiffs allege that the individual defendants committed
the violations alleged herein because of the policies, customs, practices,
and/or procedures of the City of Soddy Daisy and the City of Soddy
Daisy Police Department.

5. The plaintiffs allege that the defendants named herein were
not properly trained and were negligently trained to handle situations
such as the one described herein and that said such negligent training
led, in whole or in part, to the shooting death of the plaintiff Sawyer.
6. The plaintiffs allege that the individual defendant’s actions
subjected the plaintiff to physical injury, mental anguish, emotional
distress, and the death of the plaintiff Sawyer. The plaintiff Patti
Grimm was present at the time of the shooting of Sawyer, her partner
and was emotionally traumatized by the events described herein.
7. The plaintiffs allege that the individual defendants (officers)
are also liable for the wrongful death of the plaintiff Sawyer and for
damages arising from the legal claims asserted herein.
JURISDICTION & VENUE
8. This is an action to redress deprivation of rights secured to the
plaintiff, Sawyer, by the Fourth and Fourteenth Amendments to the
United States Constitution and for violations of Tennessee Law. This
Court is vested with jurisdiction over these matters pursuant to 42
U.S.C. Section 1983. The Court, therefore, has jurisdiction over the

parties as this claim involves rights under federal law and The
Constitution of The United States of America. The Court also has
pendent jurisdiction of all state law claims alleged herein.
FACTUAL ALLEGATIONS
9. The plaintiff, Patti Grimm, was having difficulties with her
partner due to his dementia. Grimm, after observing that her partner
was agitated called her daughter Elizabeth Lyons. After the call,
Elizabeth and her husband Jason came to Grimm’s and Sawyer’s home.
The purpose of the call was to get assistance in calming Sawyer down
who was agitated due to his dementia.
10. Grimm and the two Lyons went to the Lyons bedroom at their
residence to call the police. Jason Lyons described the ongoing incident
to the police in a calm and measured voice. He informed the dispatcher
that Sawyer had dementia, he had become agitated over issues with the
television and television remote and requested assistance from the
Soddy Daisy Police Department.
11. After the call, three Soddy Daisy Police officers came to the
residence within 10 minutes of the call made by Jason Lyon. The

officers were Eric Jenkins, Matthew Thomas, and Eric Hindmon.
Grimm was asked by one of the officers “what [she] wanted them to do.”
11. Patti Grimm, Jason Lyons, and Elizabeth Lyons informed the
officers that Sawyer was 74 years old, weighed 120 pounds and that he
suffered from dementia and Vascular Alzheimer’s. Grimm and the two
Lyons also informed officers that Sawyer had a gun, but that Grimm
had unloaded the gun back on July 3, 2019 for Sawyer’s, and other’s,
protection. There was no ammunition in the Grimm Sawyer home. The
officers named above were further informed that the disturbance arose
from an argument over a TV remote. The officers were also informed
that Sawyer pointed an unloaded gun at Grimm.
12. Grimm, and the two Lyons, also informed the officers that
Sawyer had not acted like he was acting and then asked the officers to
do a wellness check to make sure Sawyer was ok and if it was safe for
Grimm to go back into the residence. The officers were further informed
that Sawyer was not a violent person and that he was acting
irregularly. The officers were requested to help calm Sawyer down to
diffuse the situation.

13. Jason Lyons and Patti Grimm accompanied the officers to the
home where Sawyer was located. Grimm gave the officers her garage
door opener.
14. The officers approached the residence and made efforts to try
to get Sawyer to the front door. Sawyer had locked the door to the
house from the garage. The officers requested if there was a way
Grimm could gain access to the house. Grimm got her keys and gave
them to the officer requesting the keys
15. Grimm approached the garage after giving the officers her
keys. The officers were in the garage spread out with their guns pulled.
They had not entered the house.
16. Jason Lyons came to the garage and the officers had entered
the house. Lyons and Grimm had turned to walk back to a truck to
wait when Lyons and Grimm heard two-gun shots in the house.
17. The officers were told that Grimm and Lyons were concerned
for Sawyer’s safety, that they wanted the officers to diffuse the situation
and that the gun in Sawyer’s possession was unloaded due to his
dementia. The officers were adequately informed about the situation

and the mental status of Sawyer including clear statements that the
gun he had was not loaded.
18. The incident within the Sawyer Grimm home was recorded by
the officer’s body cameras.
19. A copy of the body camera video has been preserved for use in
conjunction with this action.
20. The body camera videos reveal the following facts:
a. Two shots were fired by the officers.
b. Sawyer did not fire his gun. His eyes were partially or
completely covered by a face mask.
c. Patti Grimm informed officers the gun was not loaded before
they entered the house. She was not prosecuting and wanted to make
sure Sawyer was healthy and safe.
d. The officers entered the house with guns drawn using keys
given to them by Grimm.

e. The officers were aware that the gun in Sawyer’s possession had
no bullets, but they responded with deadly force shooting and killing
Sawyer.
f. An officer stated before entering the house “I don’t like shit like
this at all.”
g. Officers had been briefed on Mr. Sawyer’s mental history and
were all aware he had a gun with no bullets, nor did he have access to
bullets.
h. Officers failed to continually identify themselves as police
officers. In fact, Officer Thomas entered Mr. Sawyers bedroom while
Mr. Sawyer’s back was facing him not appropriately announcing his
presence. Officer Thomas did not identify himself as a law enforcement
officer
i. Officer Hindmon entered Sawyer’s bedroom at 13:10 on the body
cam video and Mr. Sawyer did not turn around until 13:17 which gave
Officer Hindmon time to leave the room and ask for assistance using
less violent means to determine the health and safety of Mr. Sawyer.
j. The only shots fired came from police killing Mr. Sawyer.

21. An incident report was prepared on September 19, 2019
containing the following narrative: “On 9.19.2019 Off Thomas was
called to 331 Harvest Court on a Domestic Disorder. Thomas met with
Patti Grimm down the road from the residence who stated that her
boyfriend Jack Sawyer became angry with her and pointed a pistol at
her. Patti stated she did not wish to prosecute but wanted officers to
check on Jack’s wellbeing. Off Jenkins and Off Hindmon assisted
Thomas. Officer entered the residence and contacted Jack. Shots were
fired and Jack was pronounced deceased by EMS personnel…”
22. The incident report does not describe Sawyer’s mental
condition, nor does it state that he suffered from dementia and Vascular
Alzheimer’s. The report does not contain Grimm’s statement that
Sawyer had no ammunition or that the officers were told that was the
case before entering the home. The report does not contain any of the
officer’s statements that are evidenced on the body cam videos.
Moreover, the report does not state how many shots were fired, the
source of those shots, whether an examination of the Sawyer weapon
showed that it had been fired or that it contained ammunition. As is
alleged herein Sawyer’s gun was not loaded at the time of his shooting

death and Officer Thomas had about 7 seconds to leave Sawyer’s
bedroom before taking any action constituting deadly or excessive force.
23. At the request of the Hamilton County District Attorney’s
Office an investigation into the shooting was conducted by The
Hamilton County Sheriff’s office. A report was published on March 6,
2020. The report states: “On September 19, 2019 Jack Sawyer, who
suffered from dementia, had been in an altercation with his wife, Patti
Grimm, during which he displayed a firearm. The above SDPD officers
went to the residence located at 331 Harvest Court Road to contact Mr.
Sawyer. Officers knocked, rang the doorbell, and announced their
presence but received no response. Members of Mr. Sawyer’s family
provided officers with the means to enter the house through the garage.
Subsequently, the officer’s made entry into the home. After checking
the rest of the home and repeatedly announcing their presence the
officers entered Mr. Sawyer’s bedroom. He was sitting on the bed with
his back to the officers. It appeared Mr. Sawyers was fidgeting with
something in his lap. After officers entered the bedroom Mr. Sawyer
“turned” and “produced and pointed” a firearm at Officer Thomas.
Officer Jenkins fired at Mr. Sawyer striking him once in the chest.

Officers then retrieved the gun from Mr. Sawyer, cleared it and set it on
the bed. All the officer’s body cameras were operation at the time of the
incident. The footage from the body cam corroborate the officer’s
statement of the facts.”
24. The investigative report does not contain key facts such as
Grimm informing the officers that there was no ammunition in the
Sawyer gun, that the ammunition had been removed for Sawyer’s safety
because of his dementia, that the Sawyer gun had not been fired
because it had no bullets. In fact, the relevant video confirms the
Sawyer gun was not fired, that he apparently had a mask on covering
his eyes and as Grimm informed police officers there were no bullets in
the gun. Moreover, body cam videos reveal that as Officer Thomas
entered Sawyer’s bedroom he said “Mr. Sawyer” without identifying
himself as a police officer. Moreover, Mr. Sawyer had his back to the
door and was wearing a face mask mostly or totally obstructing his
vision. Finally, Officer Thomas had 7 seconds to leave the bedroom
before Mr. Sawyer turned around facing Officer Thomas.
25. The investigative report does not reveal how many shots were
fired, from whom, the results of any testing on any weapon that was

fired or may have been fired, or any information on at least one of the
officer’s bullets going through the Sawyer bedroom wall and into the
back yard. The report misses key facts which were allegedly not
accurately reported during the investigation.
26. The officers did not appropriately try to use peaceful and
nonviolent means to check on Mr. Sawyer before shooting Mr. Sawyer.
Moreover, the officers knew that the Sawyer weapon was empty and
knew that Sawyer suffered from dementia and Vascular Alzheimer’s.
27. The officers did not appropriately announce themselves before
entering the Sawyer bedroom. They did not ask Mr. Sawyer if he had a
weapon before shooting him, nor did they ask Mr. Sawyer if he was
“ok.” The officers entered saw Mr. Sawyer on the side of the bed with
his back facing them, never asked Mr. Sawyer if he was ok, with Mr.
Sawyer taking 7 seconds to turn around. Sawyer did not know of the
officer’s presence in his home until Office Thomas said Mr. Sawyer
while in Sawyer’s bedroom door. Sawyer was wearing a mask over his
eyes.
28. The officers knew of Sawyers dementia and the body cam
video contains no evidence of any attempt to approach and deal with the

situation knowing Mr. Sawyer had a serious mental condition. The
officers were negligently trained and not appropriately trained to follow
appropriate procedure for dealing with an individual with a mental
disability such as dementia.
29. The Officers knew of Sawyer from his past contact with
the Soddy Daisy Police Department and knew that officers with the
Department had dealt with Sawyer in the past. Based on the events in
the body cam video, it appears that the officers had a shoot first and ask
questions later attitude in approaching Mr. Sawyer. There were less
nonviolent means to check on Mr. Sawyer’s health.
COUNT I: USE OF EXCESSIVE FORCE IN VIOLATION OF CIVIL

RIGHTS UNDER 42 U.S.C. SECTION 1983, NEGLIGENT FAILURE
TO TRAIN BY THE SODDY DAISY POLICE DEPARTMENT/CITY OF
SODDY DAISY
30. Sawyer incorporates the allegations in paragraphs 1-29 above
as if specifically incorporated herein.
31. The individual defendants had a non-delegable duty not to use
excessive force against Sawyer and to intervene and prevent his fellow
defendants from using excessive force against Sawyer.

32. The individual defendants had a non-delegable duty to report
the misconduct of their fellow defendant to the command staff of the
Soddy Daisy Police Department and to any investigative authority
conducting an investigation into the shooting death of Sawyer.
33. The force that was used by the individual defendant in
shooting Sawyer amounted to an unlawful force that carried a high risk
of causing serious and life-threatening injury and proved to be
unnecessary and unreasonable under the circumstances and was the
direct and proximate cause of Sawyer’s death. The force was used
under a well-known police statement that it is better to shoot first and
ask questions later because it is better to be judged by 12 instead of
carried out by 6.
34. The video of the incident made the subject of this case shows
that all the officers knew that Sawyer had no ammunition in his
weapon and that he suffered from a significant mental disability known
as dementia and Vascular Alzheimer’s.
35. The officers entered the Sawyer residence knowing of his
mental disability, with permission of Patti Grimm knowing his weapon
was not loaded. The defendants had a duty to make such an

assessment of the situation before shooting particularly since they were
given access to the residence by Sawyer’s partner, Grimm, and did not
have to enter the residence forcefully. There was no sense of urgency.
The officers failed to follow proper procedure and protocol because they
were not appropriately trained by the City of Soddy Daisy and the
Soddy Daisy Police Department.
36. There was no evidence that Sawyer threatened or took violent
action at any time prior to his shooting. In fact, Sawyer never fired a
shot because his eyes were covered or partially covered, and his gun
unloaded with the officers failing to properly evaluate the situation
prior to shooting. In fact, the officers entered the Sawyer bedroom
knowing his back was facing them and later discovering he was wearing
a mask.
37. Two shots were fired by one or more of the individual officers
with no shots being fired by Sawyer.
38. The individual defendants did not report the status Sawyer’s
weapon because said weapon had no ammunition in it. The fact that the
gun was unloaded is not mentioned in the incident report or the official
investigation report demonstrates the improper conduct in failing to

appropriately report the facts of the incident. The facts showing that
Sawyer had his back facing officers and had his eyes covered is also not
mentioned in the reports.
39. The individual officers did not report the entire circumstances
to investigators.
40. The individual defendants acted under the color of law and
their negligence and intentional acts along with their deliberate
indifference deprived Sawyer of his rights secured to him under the
Fourth and Fourteenth Amendments to the United States Constitution.
The denial of these rights is particularly egregious because one or all of
the officers were aware of Sawyer’s mental condition and none took any
action to insure Sawyer’s safety prior to shooting him without taking
the appropriate steps to insure that dangerous bodily harm or death
would occur to Sawyer who suffered from dementia.
41. The Soddy Daisy Police Department did not appropriately
train or supervise these individual defendants to prevent them from
doing unreasonable harm using excessive force.

42. The individual officers and the Soddy Daisy Police Department
did not have the prerequisite knowledge or did not exercise the use of
force against Sawyer as permitted by the law. Use of deadly force is
permissible during an arrest if it is necessary to prevent the escape and
the officer has probable cause to believe that the suspect poses a
significant threat of death or serious injury to the officers or others.
Neither condition existed at the time of Sawyer’s shooting death.
43. The officers were called to check on the well being of Sawyer.
He was not being arrested when deadly force was used. He was not told
of the officer’s presence when deadly force was used. He did not attempt
to escape from an arrest.
44. The officers, prior to using deadly force, have a duty to use
graduated methods to diffuse a situation before they “shoot to kill.” The
officers should diffuse a situation by using mere presence first; second,
by using verbal statements from non-threatening request to direct
orders; third by using physical bodily force through grabs, holds,
punches or kicks, fifth by using weapons such as a baton, chemical
sprays, tasers or police dogs or finally using lethal weapons such as
firearms.

45. The individual officers failed to use any of the methods
described in paragraph 44. Instead they chose to enter the home with
weapons drawn failing to properly announce themselves and failing to
use less deadly means to address the situation. Their actions are clear
evidence of shoot now ask questions later and it is better to be judged by
12 instead of being carried out by 6.
The videos show, overall, inappropriate conduct in the handling of
the situation and demonstrate either a willful failure or negligent
failure to train. Facts supporting this allegation include but are not
limited to:
a. in supplement to the summary of the body cam videos in
Paragraph 20 of this complaint and specifically incorporated herein the
facts show that there was a negligent failure to train, improper use of
deadly or excessive force, negligence, assault and battery by the above
named officers and the City of Soddy Daisy.
1. Thomas and Hindmon announced they were police as
they opened the garage door with keys given by Grimm for entry into
the house. The door is on the opposite side of the house where Mr.
Sawyer’s bedroom is located. As Officer Thomas opened the door to Mr.

Sawyer’s bedroom, he said “Mr. Sawyer” failing to identify himself as a
police officer. Even after Officer Thomas was in close range to Mr.
Sawyer it appears that Mr. Sawyer did not appear to hear the officer
immediately. Sawyer had his back to Officer Thomas with a face mask
on obstructing his vision.
2. Mr. Sawyer did not immediately turn and point a gun, loaded or
not, toward the officers.
3. All the officers were briefed on Mr. Sawyer’s mental history and
was aware that Sawyer had a gun with no bullets and that Sawyer had
no access to bullets prior to entering the house.
4. Officer Thomas entered Mr. Sawyer’s bedroom while Mr.
Sawyer’s back was facing him. Officer Thomas should have backed out
of the room and then appropriately announced himself asking Mr.
Sawyer if he was well. Moreover, he should have waited for the other
officers to arrive. Officer Thomas entered the bedroom at 13:10 on the
body cam video. Mr. Sawyer does not turn around until 13:17 giving
Officer Hindmon ample time to exit the room, wait for assistance
because it took 7 seconds for a blindfolded Sawyer to turn around.

46. The officers’ actions in their conduct and the ultimate use of
deadly force was objectively unreasonable under the circumstances. The
circumstances did not involve a severe crime or circumstance. As
Grimm told the officers they were called to ensure Sawyer, who has
dementia, was safe and that Grimm was not going to prosecute. The
officers entered the home and Sawyer’s bedroom knowing that he had
no ammunition and that the ammunition was removed from the home
and the gun for Sawyer’s safety. At the time of entering Sawyer’s
bedroom the officers had not appropriately announced their presence or
made any reasonable attempt to diffuse any potential non-criminal
situation involving a mentally ill man suffering from dementia. Sawyer
did not actively resist any arrest nor did he attempt to flee because the
officers were called in to insure his safety and Sawyer was surprised by
the officers entering his bedroom as shown in the relevant body cam
videos. Other alternatives were available to the officers such as
announcing their present or the use of a taser which neither was done.
Moreover, the body cam video showed that Officer Thomas had time to
withdraw to use other non-deadly or non-violent means to address the
situation facing the officers in the home.

Moreover, the officers cannot state that they feared for their lives
because the officers had prior knowledge of Mr. Sawyer possibly having
a gun, even if it is unloaded. Moreover, Thomas showed no fear or
reticence when he walked into Mr. Sawyer’s bedroom, waited 7 seconds
until Mr. Sawyer turned around. If Officer Thomas or any officer were
appropriately using prior knowledge of the “unloaded gun” any of the
defendants should have backed out of the room as soon as they found
Mr. Sawyer and waited for back up. There was sufficient time for the
officers to avoid the use of deadly force.
Moreover, the facts show there was no “reasonable fear” with the
prior knowledge of an unloaded gun while haphazardly and carelessly
entering and remaining in the Sawyers bedroom for 7 seconds without
Officer Thomas properly identifying himself as an officer. The 7 second
delay coupled with Officer Thomas’s prior knowledge gave him time to
back out of the room and to find less non deadly or non-violent means to
address the situation. Moreover, there is no “reasonable fear” at this
point because Thomas put himself in the position, he was in by not
properly identifying himself to Mr. Sawyer. Moreover, if Thomas had

appropriately backed out of the room neither he nor Officer Jenkins
would have fired any shots.
47. The officers are not entitled to qualified immunity or any
immunity for their actions. There is no hazy border present in this case
between the excessive use of force and acceptable force. The facts show
clearly that the officers were called to insure the safety of a man
suffering from dementia, that Grimm did not want to press charges,
that Grimm removed all ammunition from the home for Sawyer’s
safety, that the gun was not loaded, that Sawyer did not shoot the gun,
that Grimm provided the officers with the keys to enter the home to
insure Sawyer’s safety, that the officers drew their weapons before
accessing the home with the keys provided to them by Grimm, that the
officers failed to appropriately announce themselves, that the officers
entered Sawyer’s room and his back was turned to them, that the
officers did not attempt to use less violent means, that Officer Thomas
had 7 seconds to back out of the room before Mr. Sawyer turned around,
that one or more of the officers fired two shots with one killing Sawyer,
that Sawyer waited 7 seconds to turn around after Thomas said “Mr.
Sawyer” without identifying himself as police, that the officers failed to

use less violent or less deadly means on a mentally ill man when the
officers were called in to insure his safety knowing that Grimm was not
pressing charges. The officers did not conduct a serious investigation
into the incident before shooting to kill. The officers blatantly displayed
a shoot now and ask questions attitude and that the officers shot a
partially or fully blindfolded Sawyer.
COUNT TWO FAILURE TO PROTECT AND RENDER AID UNDER

42 U.S.C. SECTION 1983
as if specifically incorporate herein.
49. The individual officers had a duty to protect Sawyer from
injury or death and to report the misconduct of their fellow officers to
any investigative body.
50. The Soddy Daisy Police Department/The City of Soddy Daisy
had a non-delegable duty to ensure that it property trained officers to
intervene when a fellow officer was about to sue excessive or deadly
force and had an affirmative duty to ensure that it officers were
properly trained in the use of force.

51. The failure of the officers to intervene and stop the other in
their actions or before they acted and their failure to report the
misconduct of their fellow officer constitutes a joint effort in which they
participated as equals.
52. The Soddy Daisy Police Department/The City of Soddy Daisy
had a non-delegable duty to ensure that it properly trained officers to
intervene when fellow officers acted as the officers did in shooting and
killing Sawyer as the allegations of Paragraphs 1-47 show.
COUNT 3 WRONGFUL DEATH
as if specifically incorporated herein.
54. Sawyers death was caused by the wrongful acts of omissions of
the defendants named herein which resulted in his death.
55. The factual allegations of paragraphs 1-51 support a claim for
wrongful death under T.C.A. Section 20-5-106.
56. Mr. Sawyer is survived by his next of kin and brother John
Sawyer who has the legal right pursuant to Tennessee law to bring a
claim for wrongful death.

COUNT 4 NEGLIGENCE
as if specifically incorporate herein.
58. As alleged in paragraphs 1-56 above the above-named
defendants were negligent in their actions of responding to the call
involving Mr. Sawyer. Their negligence is the cause of Mr. Sawyers
death and all damages arising therefrom. That the City of Soddy Daisy
as evidenced by the factual allegation herein failed to properly train the
officers with the untrained officers using deadly force when not
necessary.
59. Sawyer is entitled to recover damages for pain and suffering
because upon his shooting he did not immediately die surviving the
shooting and suffering until the time of his death.
60. Grimm alleges that she is entitled to recover for negligent
infliction of emotional distress from the actions of the defendants as
described herein and that the facts of the claim support a claim for
damages under said theory.

WHEREFORE, the plaintiffs prays that this Court will convene a
jury of his peers to try the issues joined and will
1. Award compensatory damages;
2. Award punitive damages;
3. Award attorney’s fees and expenses;
4. Award damages for pain and suffering; and
5. Award such further relief as this Court shall deem appropriate.
Respectfully submitted,
THE JAMES FIRM
/s/ Stuart F. James________________

STUART F. JAMES, BPR #013841
MCCRACKEN POSTON BPR #
735 Broad Street, Suite 403
Chattanooga, TN 37402
Telephone: (423) 756-3646
Facsimile: (423-756-3647
[email protected]
[email protected]

Soddy-Daisy Federal Lawsuit

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Soddy-Daisy Federal Lawsuit

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

John Sawyer, as Next :

complaint with the Court alleging:

1. This is an action for money damages filed under 42 U.S.C.

Section 1983 to redress the deprivation of rights secured to the plaintiff,

Case 1:20-cv-00153 Document 1 Filed 06/16/20 Page 1 of 26 PageID #: 1

the above named defendants.

2. The plaintiff Patti Grimm brings an action for money damages

for a claim of negligent infliction of emotional distress pursuant to the

laws of the State of Tennessee.

3. The plaintiffs alleged that the individually named defendants,

capacities as police officers, agents, and law enforcements officers

Department. All defendants were at all times relevant to the

allegations and facts supporting the allegations of this complaint acting

4. The plaintiffs allege that the individual defendants committed

the violations alleged herein because of the policies, customs, practices,

Daisy Police Department.

Case 1:20-cv-00153 Document 1 Filed 06/16/20 Page 2 of 26 PageID #: 2

not properly trained and were negligently trained to handle situations

led, in whole or in part, to the shooting death of the plaintiff Sawyer.

6. The plaintiffs allege that the individual defendant’s actions

subjected the plaintiff to physical injury, mental anguish, emotional

and was emotionally traumatized by the events described herein.

7. The plaintiffs allege that the individual defendants (officers)

damages arising from the legal claims asserted herein.

JURISDICTION & VENUE

8. This is an action to redress deprivation of rights secured to the

plaintiff, Sawyer, by the Fourth and Fourteenth Amendments to the

United States Constitution and for violations of Tennessee Law. This

Court is vested with jurisdiction over these matters pursuant to 42

Case 1:20-cv-00153 Document 1 Filed 06/16/20 Page 3 of 26 PageID #: 3

Constitution of The United States of America. The Court also has

pendent jurisdiction of all state law claims alleged herein.

9. The plaintiff, Patti Grimm, was having difficulties with her

who was agitated due to his dementia.

to the police in a calm and measured voice. He informed the dispatcher

television and television remote and requested assistance from the

Soddy Daisy Police Department.

residence within 10 minutes of the call made by Jason Lyon. The

Case 1:20-cv-00153 Document 1 Filed 06/16/20 Page 4 of 26 PageID #: 4

protection. There was no ammunition in the Grimm Sawyer home. The

from an argument over a TV remote. The officers were also informed

that Sawyer pointed an unloaded gun at Grimm.

irregularly. The officers were requested to help calm Sawyer down to

diffuse the situation.

Case 1:20-cv-00153 Document 1 Filed 06/16/20 Page 5 of 26 PageID #: 5

them to the officer requesting the keys

They had not entered the house.

dementia. The officers were adequately informed about the situation

Case 1:20-cv-00153 Document 1 Filed 06/16/20 Page 6 of 26 PageID #: 6

gun he had was not loaded.

the officer’s body cameras.

conjunction with this action.

20. The body camera videos reveal the following facts:

a. Two shots were fired by the officers.

completely covered by a face mask.

sure Sawyer was healthy and safe.

given to them by Grimm.

Case 1:20-cv-00153 Document 1 Filed 06/16/20 Page 7 of 26 PageID #: 7

g. Officers had been briefed on Mr. Sawyer’s mental history and

h. Officers failed to continually identify themselves as police

officers. In fact, Officer Thomas entered Mr. Sawyers bedroom while