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Soddy-Daisy Federal Lawsuit
Soddy-Daisy Federal Lawsuit
COMPLAINT
Comes now, the plaintiffs, in the above styled action and files this
INTRODUCTION
John Sawyer, by the 4th and 14th Amendments to the United States
Eric Jenkins, Matthew Thomas, and Eric Hindmon, were acting in their
employed by the City of Soddy Daisy and the City of Soddy Daisy Police
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.
and/or procedures of the City of Soddy Daisy and the City of Soddy
such as the one described herein and that said such negligent training
distress, and the death of the plaintiff Sawyer. The plaintiff Patti
Grimm was present at the time of the shooting of Sawyer, her partner
are also liable for the wrongful death of the plaintiff Sawyer and for
U.S.C. Section 1983. The Court, therefore, has jurisdiction over the
FACTUAL ALLEGATIONS
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
10. Grimm and the two Lyons went to the Lyons bedroom at their
residence to call the police. Jason Lyons described the ongoing incident
that Sawyer had dementia, he had become agitated over issues with the
11. After the call, three Soddy Daisy Police officers came to the
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,
officers named above were further informed that the disturbance arose
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
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
15. Grimm approached the garage after giving the officers her
keys. The officers were in the garage spread out with their guns pulled.
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
18. The incident within the Sawyer Grimm home was recorded by
19. A copy of the body camera video has been preserved for use in
b. Sawyer did not fire his gun. His eyes were partially or
c. Patti Grimm informed officers the gun was not loaded before
they entered the house. She was not prosecuting and wanted to make
d. The officers entered the house with guns drawn using keys
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.”
were all aware he had a gun with no bullets, nor did he have access to
bullets.
Mr. Sawyer’s back was facing him not appropriately announcing his
officer
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.
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
Thomas. Officer entered the residence and contacted Jack. Shots were
condition, nor does it state that he suffered from dementia and Vascular
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
Moreover, the report does not state how many shots were fired, the
alleged herein Sawyer’s gun was not loaded at the time of his shooting
2020. The report states: “On September 19, 2019 Jack Sawyer, who
suffered from dementia, had been in an altercation with his wife, Patti
went to the residence located at 331 Harvest Court Road to contact Mr.
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
Officer Jenkins fired at Mr. Sawyer striking him once in the chest.
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
24. The investigative report does not contain key facts such as
Sawyer gun, that the ammunition had been removed for Sawyer’s safety
because of his dementia, that the Sawyer gun had not been fired
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
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
25. The investigative report does not reveal how many shots were
fired, from whom, the results of any testing on any weapon that was
officer’s bullets going through the Sawyer bedroom wall and into the
back yard. The report misses key facts which were allegedly not
26. The officers did not appropriately try to use peaceful and
Moreover, the officers knew that the Sawyer weapon was empty and
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
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
excessive force against Sawyer and to intervene and prevent his fellow
direct and proximate cause of Sawyer’s death. The force was used
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
given access to the residence by Sawyer’s partner, Grimm, and did not
The officers failed to follow proper procedure and protocol because they
were not appropriately trained by the City of Soddy Daisy and the
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
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
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
Sawyer had his back facing officers and had his eyes covered is also not
39. The individual officers did not report the entire circumstances
to investigators.
40. The individual defendants acted under the color of law and
the officers were aware of Sawyer’s mental condition and none took any
did not have the prerequisite knowledge or did not exercise the use of
the officer has probable cause to believe that the suspect poses a
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
44. The officers, prior to using deadly force, have a duty to use
firearms.
described in paragraph 44. Instead they chose to enter the home with
use less deadly means to address the situation. Their actions are clear
failure to train. Facts supporting this allegation include but are not
limited to:
facts show that there was a negligent failure to train, improper use of
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.
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
2. Mr. Sawyer did not immediately turn and point a gun, loaded or
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
Sawyer’s back was facing him. Officer Thomas should have backed out
Sawyer if he was well. Moreover, he should have waited for the other
body cam video. Mr. Sawyer does not turn around until 13:17 giving
Officer Hindmon ample time to exit the room, wait for assistance
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
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
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
because the officers had prior knowledge of Mr. Sawyer possibly having
until Mr. Sawyer turned around. If Officer Thomas or any officer were
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
Moreover, the facts show there was no “reasonable fear” with the
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
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
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.
officers were called in to insure his safety knowing that Grimm was not
into the incident before shooting to kill. The officers blatantly displayed
a shoot now and ask questions attitude and that the officers shot a
their actions or before they acted and their failure to report the
participated as equals.
intervene when fellow officers acted as the officers did in shooting and
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
death and all damages arising therefrom. That the City of Soddy Daisy
officers with the untrained officers using deadly force when not
necessary.
because upon his shooting he did not immediately die surviving the
described herein and that the facts of the claim support a claim for
Respectfully submitted,