UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
AT CHATTANOOGA 
______________________________________________________________________________ 
 
JAMES ARTHUR EVANS,
) 
) 
Plaintiff,
) 
) 
v.
)
 
)
 
BLEDSOE COUNTY GOVERNMENT,
) 
) 
CITY OF PIKEVILLE,
)
Case No. _______________ 
)
 
PTL OFFICER RICKY HODGE,
)
Judge ________________ 
In his official capacity as an agent for ) 
the City of Pikeville and in his 
)
Jury Demand 
Individual capacity,
) 
)  
DEPUTY CHASE ROBERTS,
) 
In his official capacity as an agent for ) 
The Bledsoe County Government
) 
And in his individual capacity,
)  
) 
Defendants.
) 
______________________________________________________________________________ 
 
COMPLAINT 
______________________________________________________________________________ 
 
Comes now the Plaintiff, James Arthur Evans, by and through counsel, 
pursuant to Federal Rules of Civil Procedure 7-12, and hereby states for his cause of 
action against the above-named Defendants as follows: 
PARTIES, JURISDICTION, AND VENUE 
1. 

Plaintiff James Arthur Evans is a citizen and resident of Bledsoe 

County, Tennessee.  

1

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 1 of 20 PageID #: 1

 2.

Defendant, Bledsoe County, Tennessee is a municipality chartered by 

the State of Tennessee and as such is a political subdivision under the laws of the 
State of Tennessee. Defendant Bledsoe County, Tennessee operates and maintains 
a law enforcement agency known as the Bledsoe County Sheriff Department. 
Bledsoe County, Tennessee may be served through its “chief executive officer” 
and/or its Mayor Gregg Ridley, who can be served at 3150 Main Street, Pikeville, 
TN 37367.   
3.

Defendant, City of Pikeville, Tennessee is a municipality chartered by 

the State of Tennessee and as such is a political subdivision under the laws of the 
State of Tennessee. Defendant City of Pikeville, Tennessee operates and maintains 
a law enforcement agency known as the Pikeville Police Department. The City of 
Pikeville, Tennessee may be served through its “chief executive officer” and/or its 
Mayor Philip Cagle who can be served at 25 Municipal Drive, Pikeville, TN 37367.   
4.

Defendant Ricky Hodge is an adult resident and to the Plaintiff’s best 

knowledge a citizen of Pikeville, Tennessee and was a member of the Pikeville 
Police Department at all times material hereto. At all pertinent times, this 
Defendant was acting by virtue of his position as a law enforcement official of the 
Pikeville Police Department and under the color of state law. This Defendant is 
being sued individually and as his official capacity as a member of the Pikeville 
Police Department. Defendant Ricky Hodge can be served with process at 25 
Municipal Drive, Pikeville, TN 37367. At all times mentioned in this complaint, 

2

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 2 of 20 PageID #: 2

 Defendant Ricky Hodge acted under the color of state law because he was acting in 
the performance of his official duties but acted outside of his lawful authority.   
5. 

Defendant Chase Roberts is an adult resident and to the Plaintiff’s 

best knowledge a citizen of Bledsoe County, Tennessee and was a member of the 
Bledsoe County Sheriff Department at all times material hereto. At all pertinent 
times, this Defendant was acting by virtue of his position as a law enforcement 
official of the Bledsoe County Sheriff Department and under the color of state law. 
This Defendant is being sued individually and as his official capacity as a member 
of the Bledsoe County Sheriff Department. Defendant Chase Roberts can be served 
with process at ​235 Allen P Deakins Rd, Pikeville, TN 37367​. At all times 
mentioned in this complaint, Defendant Chase Roberts acted under the color of 
state law because he was acting in the performance of his official duties but acted 
outside of his lawful authority.  
6.

The Defendants were acting under color of law so as to subject them to 

the provisions of 42 U.S.C. § 1983 with respect to this matter. 
7.

This court has jurisdiction over the subject matter and the parties to 

this lawsuit pursuant to 28 U.S.C. § 1331. 
8.

Venue is proper in this Court pursuant to 28 U.S.C. § 1391. 

9. 

The attack complained of took place in Bledsoe County, Tennessee. 
WAIVER OF IMMUNITY 

10.

Pursuant to​ T.C.A. § 29-20-205​, governmental immunity of Defendant 

City​ of Pikeville and Defendant Bledsoe County Government is removed based on 

3

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 3 of 20 PageID #: 3

 the negligent conduct of Defendants Ricky Hodge and Chase Roberts acting under 
the scope of employment of the Pikeville Police Department and the Bledsoe County 
Sheriff’s Department, which directly and proximately caused the ​injuries​ of Plaintiff 
James Arthur Evans.  
11.

The conduct of Defendants Ricky Hodge and Chase Roberts, which 

constitutes a common law assault and battery, is not an enumerated exception to 
T.C.A § 29-20-205(2)​; thus, governmental immunity is removed pursuant to 
Limbaugh v. Coffee Med. Ctr.​, 59 S.W.3d 73 (Tenn. 2001)​. 
12.

Pursuant to​ T.C.A. § 29-20-201(b)(2)​, governmental immunity of 

Defendant ​City​ of Pikeville and Defendant Bledsoe County Government is also 
removed based on the willful, wanton, or gross negligence of Defendants Ricky 
Hodge and Chase Roberts, acting under the scope of employment of the Pikeville 
Police Department and the Bledsoe County Sheriff Department, respectively, which 
directly and proximately caused the ​injuries​ of Plaintiff James Arthur Evans.  
13.

Defendants Ricky Hodge and Chase Roberts were “Government 

Employees” as defined in T.C.A. § 29-20-107 based on their employment status with 
the City of Pikeville Police Department and the Bledsoe County Sheriff’s 
Department, respectively.  
14.

There is no immunity for individuals for criminal conduct, or conduct 

which is willful or malicious.  
FACTUAL ALLEGATIONS 

4

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 4 of 20 PageID #: 4

 Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein.  
15.

This action arises out of an attack occurring on August 22, 2018, at 

approximately 11:30 p.m. at the residence of the Plaintiff James Arthur Evans in 
Pikeville, Tennessee. During this attack, the Plaintiff James Arthur Evans was 
wrongfully battered, unlawfully seized, and detained against his will by the 
Defendants when the Defendants responded to a complaint of domestic violence at 
the Plaintiff’s residence. This illegal battery, seizure, and detainment of the 
Plaintiff James Arthur Evans caused the Plaintiff to sustain severe, permanent 
injuries and emotional distress.   
16.

Specifically, the Defendants Ricky Hodge and Chase Roberts did 

negligently, while acting within the scope of their employment, batter the Plaintiff 
James Arthur Evans at the Plaintiff’s residence by jumping on top of him, slamming 
him to the ground, breaking his foot, and tasing him. Notwithstanding, Defendants 
Ricky Hodge and Chase Roberts were then and there guilty of one or more of the 
following wrongful acts and/or omissions to act:  
a. Recklessly using excessive force in order to cause the Plaintiff James 
Arthur Evans injury, including the use of a taser.  
b. Unlawfully seizing and detaining Plaintiff James Arthur Evans. 
17.

Specifically, the Defendants Ricky Hodge and Chase Roberts did 

intentionally, while acting within the scope of their employment, batter the Plaintiff 

5

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 5 of 20 PageID #: 5

 James Arthur Evans at the Plaintiff’s residence even though the Plaintiff James 
Arthur Evans was not acting with harm toward anyone else at the time of the 
incident. Notwithstanding, Defendants Ricky Hodge and Chase Roberts were guilty 
of one or more of the following wrongful acts and/or omissions to act: 
a. Recklessly using excessive force in order to cause the Plaintiff James 
Arthur Evans injury, including the use of a taser.  
b. Unlawfully seizing and detaining Plaintiff James Arthur Evans. 
18. 

The Defendants Ricky Hodge and Chase Roberts, acting within the 

scope and course of their employment, willfully and wantonly or with gross 
negligence slammed the Plaintiff James Arthur Evans onto the ground, although 
Defendants knew, or should have known, that such conduct posed an unreasonable 
risk that would likely cause serious injury to Plaintiff James Arthur Evans; 
19.

The Defendants Ricky Hodge and Chase Roberts, acting within the 

scope and course of their employment, willfully and wantonly or with gross 
negligence or recklessly used excessive force in order to cause Plaintiff James 
Arthur Evans injury although Defendants knew, or should have known, that such 
conduct posed an unreasonable risk that would likely cause serious injury to 
Plaintiff James Arthur Evans; 
20.

The Defendants Ricky Hodge and Chase Roberts, acting within the 

scope and course of their employment, willfully and wantonly or with gross 
negligence illegally seized and detained the Plaintiff James Arthur Evans against 
his will, although the Defendants knew, or should have known, that such conduct 

6

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 6 of 20 PageID #: 6

 posed an unreasonable risk that would likely cause serious injury to Plaintiff James 
Arthur Evans.   
 
COUNT I-NEGLIGENCE 
 
Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein.  
21.

Defendants, Bledsoe County and the City of Pikeville and by and 

through their respective employees acting within the scope of their employment, 
were guilty of violating statutes of the State of Tennessee which were in full force 
and effect at the time of this attack; said violations constitute negligence per se and 
a direct and proximate cause of this attack.  
22.

Defendants, Bledsoe County and the City of Pikeville, by and through 

their respective employees acting within the scope of their employment, were 
negligent in failing to properly hire, train, supervise, and implement proper 
procedures and policies to the law enforcement personnel in regards to prevent 
unlawful and unreasonable seizure of persons and use of excessive force in 
deliberate indifference and reckless disregard of the welfare of the city’s citizens 
and the safety and rights of other persons in the community.   
23.

Defendants, Bledsoe County and the City of Pikeville, by and through 

their respective employees acting within the scope of their employment, were 
negligent in failing to comply with all applicable rules, regulations, customs and/or 
practices with respect to unlawful and unreasonable seizure of persons and use of 

7

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 7 of 20 PageID #: 7

 excessive force in deliberate indifference and reckless disregard of the welfare of the 
city’s citizens and the safety and rights of other persons in the community.  
24.

Defendants, Bledsoe County and the City of Pikeville, knew or should 

have known the Defendants Ricky Hodge and Chase Roberts were using illegal 
actions in their encounters with persons in order to arrest them prior to this attack 
which is the subject of this cause of action.  
25.

As a direct and proximate result of the aforementioned actions and 

omissions of the Defendants, Bledsoe County and the City of Pikeville, the Plaintiff 
has been injured, causing actual physical and emotional ​injuries​, and other 
damages and losses described herein entitling Plaintiff to compensatory and special 
damages.  

 

COUNT II-NEGLIGENT FAILURE TO SCREEN/NEGLIGENT HIRING, 
TRAIN, DISCIPLINE, AND FIRE 
Plaintiff hereby incorporates, in its entirety, each and every paragraph 

contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein.  
26.

Defendants, Bledsoe County and the City of Pikeville had a duty of 

care to Plaintiff James Arthur Evans to ensure that the employees of the ​Police 
Department were properly screened before hiring, trained, disciplined and fired 
where necessary in the requirements for a proper arrest, the prohibition against 
using a pretext to make an arrest, the proper use of force available when making an 
arrest, and the circumstances under which a taser might be employed to effectuate 

8

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 8 of 20 PageID #: 8

 an arrest, and they had a duty to ensure that supervisory officers not condone 
unnecessary force and unlawful seizures by officers. 
27.

Defendants, Bledsoe County and the City of Pikeville failed to develop 

and promulgate policies outlining the guidelines for appropriate use of force, failure 
to train officers and investigators to follow those guidelines, and failure to train 
officers on executing arrest warrants or conducting warrantless arrests constitute 
deliberate indifference to the risk of ​injury​ to persons, including Plaintiff James 
Arthur Evans. 
28.

Defendants Defendants, Bledsoe County and the City of Pikeville’ acts 

or omissions with regard to Plaintiff’s constitutional rights are the direct and legal 
cause of Plaintiff James Arthur Evans’ actual physical and emotional ​injuries​, and 
other damages and losses described herein entitling Plaintiff to compensatory and 
special damages.  
COUNT III- ASSAULT AND BATTERY BY OFFICERS RICKY HODGE AND 
CHASE ROBERTS 
  
Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein.  
29.

Defendants Ricky Hodge and Chase Roberts’ use of excessive force, 

including the use of a taser under these circumstances constituted aggravated 
assault and battery on Plaintiff James Arthur Evans and was willful, malicious and 
beyond the scope of their authorized use of the taser so as to warrant the imposition 
of punitive damages against them.   

9

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 9 of 20 PageID #: 9

 30.

As a result of this assault and battery, Plaintiff James Arthur Evans 

suffered horrific injuries, which are permanent in nature, and which are the direct 
and legal cause of Plaintiff James Arthur Evans’ actual physical and emotional 
injuries​, and other damages and losses described herein entitling Plaintiff to 
compensatory and special damages. 
COUNT IV-FALSE ARREST 
DEFENDANT  
 
Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein.  
31.

Defendant Ricky Hodge tased the Plaintiff James Arthur Evans and 

Plaintiff James Arthur Evans was seized for the purposes of the Fourth 
Amendment and was therefore under arrest.  
32.

At the time Plaintiff James Arthur Evans was placed under “arrest,” 

Defendant Ricky Hodge and Chase Roberts had no legal authority to make the 
“arrest.”   
33.

During this false arrest, Plaintiff James Arthur Evans suffered 

grievous bodily injury at the hands of the Defendants Ricky Hodge and Chase 
Roberts when the Defendants Ricky Hodge and Chase Roberts employed the use of 
excessive force to “seize” the Plaintiff James Arthur Evans against his will, and 
without lawful authority to do so.   
34.

Defendant Ricky Hodge’s use of excessive force, including the use of a 

taser during this false arrest, was willful, malicious and beyond the scope of his 

10

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 10 of 20 PageID #: 10

 authorized use of excessive force and use of a taser so as to warrant the imposition 
of punitive damages against him.   
35.

As a result of this false arrest, Plaintiff James Arthur Evans suffered 

horrific injuries, which are permanent in nature, and which are the direct and legal 
cause of Plaintiff James Arthur Evans’ actual physical and emotional ​injuries​, and 
other damages and losses described herein entitling Plaintiff to compensatory and 
special damages. 
36.

On August 25, 2018, Officer Wheeler with the City of Pikeville Police 

Department handcuffed the Plaintiff and told him there were warrants for his 
arrest. While Plaintiff was in the back of the patrol car, dispatch stated there were 
no warrants for Plaintiff and he was released. 
37.

On September 4, 2018, Defendant Ricky Hodge told Plaintiff’s sister, 

Tammy Cagle, that Defendant had warrants out for his arrest and that Plaintiff 
needed to turn himself in to authorities. 
38.

Plaintiff made multiple inquiries regarding the existence of a warrant 

but never found one. Plaintiff was not arrested until November 7, 2018, by the 
Bledsoe County Sheriff’s Department. 
COUNT V-NEGLIGENT FAILURE TO INVESTIGATE, DISCIPLINE, AND 
FIRE DEFENDANTS RICKY HODGE AND CHASE ROBERTS 
 
Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein.  

11

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 11 of 20 PageID #: 11

 39.

Defendants, Bledsoe County and the City of Pikeville had a duty to 

investigate the actions of the Defendants Ricky Hodge and Chase Roberts and 
discipline and/or fire these Defendants for their prior unlawful acts and unlawful 
actions in the “arrest” of Plaintiff James Arthur Evans, including their unlawful use 
of excessive force.  
40.

The failure of the Defendants, Bledsoe County and the City of Pikeville 

to investigate and take disciplinary action against the Defendants Ricky Hodge and 
Chase Roberts constitute tacit approval of their conduct and ratification of their 
actions.  
41.

Those actions and/or omissions were the direct and legal cause of the 

Plaintiff James Arthur Evans’ actual physical and emotional injuries, and other 
damages and losses described herein entitling Plaintiff to compensatory and special 
damages. 
COUNT VI-INTENTIONAL AND NEGLIGENT INFLICTION OF 
EMOTIONAL DISTRESS 
 
Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein.  
42.

Defendants Ricky Hodge and Chase Roberts’ conduct constitutes 

intentional and/or negligent infliction of emotional distress in accordance with the 
common law of Tennessee.  
43.

Defendants Ricky Hodge and Chase Roberts had a duty to the Plaintiff 

James Arthur Evans to ensure they had probable cause to arrest the Plaintiff 

12

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 12 of 20 PageID #: 12

 James Arthur Evans and had a duty to exercise due care in the use of excessive 
force, including the use of a taser. 
44.

The Defendants Ricky Hodge and Chase Roberts breached that duty 

when they negligently and/or intentionally used excessive force, including the use of 
a taser, causing Plaintiff James Arthur Evans severe and permanent injury.  
45.

Plaintiff James Arthur Evans suffered severe injuries as a result of the 

Defendants Ricky Hodge and Chase Roberts’ negligence and/or intentional infliction 
of emotional distress. Plaintiff James Arthur Evans suffered severe distress 
because of the Defendants Ricky Hodge and Chase Roberts’ negligence because he 
was cognizant of being severely beaten, unlawfully seized, arrested, and detained.  
46.

Defendants Ricky Hodge and Chase Roberts’ negligence is a direct and 

proximate cause-in-fact of Plaintiff James Arthur Evans’ severe emotional distress. 
But for their negligent conduct, Plaintiff James Arthur Evans would have suffered 
no severe emotional distress.  
47.

Defendants Ricky Hodge and Chase Roberts’ conduct constituting 

negligent and/or intentional infliction of emotional distress is the direct and legal 
cause of Plaintiff James Arthur Evans’s actual physical and emotional ​injuries​, and 
other damages and losses described herein entitling Plaintiff to compensatory and 
special damages.  
COUNT VII-CONSTITUTIONAL VIOLATIONS BY DEFENDANTS RICKY 
HODGE AND CHASE ROBERTS 
 

13

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 13 of 20 PageID #: 13

 Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein.  
48. 

Defendants Ricky Hodge and Chase Roberts committed the above 

described actions and/or omissions under the color of law and by virtue of their 
authority as law enforcement officials of the City of Pikeville Police Department and 
the Bledsoe County Sheriff Department and substantially deprived the Plaintiff 
James Arthur Evans of the rights, privileges, and immunities guaranteed to him by 
the Fourth and Fourteenth Amendments of the United States Constitution, Article 
1, Section 7 and 8 of the Constitution of the State of Tennessee in violation of 42 
U.S.C. § 1983 and 1988 including, but not limited to the following:  
a. Freedom from unreasonable seizure of his person;  
b. Freedom from the use of unreasonable, unjustified, and excessive
force;  
 

c. Freedom from deprivation of liberty without due process of law;  

 

d. Freedom from arbitrary government actions which is so outrageous
as to shock the conscience of a civilized society; 
49. 

As a direct and proximate result of the Defendants Ricky Hodge and 

Chase Roberts’ acts and omissions, Plaintiff James Arthur Evans was severely 
injured, unlawfully detained against his will, and these acts and omissions on the 
part of the Defendants Ricky Hodge and Chase Roberts are the direct and legal 
cause of Plaintiff James Arthur Evans’ actual physical and emotional ​injuries​, and 

14

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 14 of 20 PageID #: 14

 other damages and losses described herein entitling Plaintiff to compensatory and 
special damages.  
 
COUNT VIII-CONSTITUTIONAL VIOLATIONS BY DEFENDANTS CITY OF 
PIKEVILLE AND BLEDSOE COUNTY 
 
Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein.  
50.

At all times material hereto, Ricky Hodge and Chase Roberts were 

acting by virtue of the laws of the State of Tennessee and by virtue of their positions 
as law enforcement officers of the City of Pikeville Police Department and Bledsoe 
County Sheriff Department.   
51.

Defendants Defendants, Bledsoe County and the City of Pikeville 

permitted, encouraged, and tolerated an official pattern, practice or custom of its 
police officers violating the constitutional rights of the Plaintiff.   
52.

The conduct of the Defendants, Bledsoe County and the City of 

Pikeville was unjustified, unreasonable and grossly disproportionate to the actions 
of the Plaintiff James Arthur Evans, if any, and shocks the conscience of a civilized 
society and constitutes the use of excessive and unreasonable force in violation of 
the rights secured to the Plaintiff James Arthur Evans by the Fourth Amendment 
and Fourteenth Amendment of the United States Constitution, Article 1, Section 7 
and 8 of the Constitution of the State of Tennessee in violation of 42 U.S.C. § 1983 
and 1988.  

15

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 15 of 20 PageID #: 15

 53.

The conduct of the Defendants, Bledsoe County and the City of 

Pikeville was unjustified, unreasonable and grossly disproportionate to the actions 
of the Plaintiff James Arthur Evans, if any, and was deliberately indifferent to the 
substantive due process liberty interests of the Plaintiff James Arthur Evans in 
violation of the rights secured to the Plaintiff James Arthur Evans by the 
Fourteenth Amendment of the United States Constitution, Article I, Section 8 of the 
Constitution of the State of Tennessee in violation of 42 U.S.C. § 1983 and 1988.  
54.

Defendants, Bledsoe County and the City of Pikeville are liable for the 

unconstitutional and unlawful any, prior acts of these officers involved in this 
lawsuit as well as the actions and/or omissions of the officers involved in this attack, 
which is subject to this complaint, due to the following rules, regulations, policies, 
practices and/or customs on the Pikeville Police Department and Bledsoe County 
Sheriff Department which were in effect at the time of this attack as well as being 
in effect at the time of any prior acts and which were the underlying direct and 
proximate cause of the Plaintiff’s injuries:   
a. Defendants, Bledsoe County and the City of Pikeville failed to

 

adequately train, implement policies and procedures, and educate its officers to 
prevent unreasonable and unlawful seizure and detainment of persons and use of 
excessive force creating an atmosphere where illegal and unconstitutional behavior 
with respect to unreasonable and unlawful seizure of persons against their will and 
use of excessive force are tolerated in deliberate indifference and reckless disregard 
to the welfare of the public, including the Plaintiff;  

16

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 16 of 20 PageID #: 16

 b. Defendants, Bledsoe County and the City of Pikeville repeatedly and 
knowingly failed to discipline its officers with respect to violations of the laws of the 
State of Tennessee, the Constitution of the United States, and its own policies 
regarding unreasonable and unlawful seizure and detainment of persons and use of 
excessive force creating a pattern, policy, practice, custom, or atmosphere where 
such illegal and unconstitutional behavior is tolerated, condoned, and accepted in 
deliberate indifference and reckless disregard to the public, including the Plaintiff.   
55.

Defendants, Bledsoe County and the City of Pikeville regarding prior 

attacks as well as this attack were in direct violation of the rules and regulations of 
the City of Pikeville Police Department and Bledsoe County Sheriff Department, 
the statutes of the State of Tennessee and the United States Constitution regarding 
unlawful and unreasonable seizure and detainment of persons against their will 
and use of excessive force. Despite violating the rules and regulations of the City of 
Pikeville Police Department and Bledsoe County Sheriff Department, no officers 
were reprimanded, disciplined or terminated by the City of Pikeville Police 
Department or Bledsoe County Sheriff Department, and accordingly, these 
Defendants ratified, condoned, acquiesced, and/or approved their conduct in this 
matter in all respects.   
56.

The aforementioned actions of the individual Defendants which were 

proximately caused by the policies, practices, and customs of these Defendants were 
the direct and legal cause of Plaintiff James Arthur Evans’ actual physical and 

17

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 17 of 20 PageID #: 17

 emotional ​injuries​, and other damages and losses described herein entitling 
Plaintiff to compensatory and special damages.  
 
 
DAMAGES 
Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein. 
57.

As a direct and proximate result of the aforementioned actions and 

omissions of the Defendants, Plaintiff James Arthur Evans has suffered personal 
injuries and is entitled to damages as a result of the conduct of the Defendants 
including, but not limited to:  
(a) medical, hospital, and pharmaceutical expenses, current and future; 
(b) physical pain and suffering, current and future; 
(c) mental anguish, current and future; 
(d) diminution in the enjoyment of life, current and future; 
(e) diminution of loss of earnings and future earning capacity;  
(f) future permanent impairment and injury;  
(g) Attorney fees pursuant to 42 U.S.C. §1988;  
(h) Punitive damages against the applicable Defendants;  

18

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 18 of 20 PageID #: 18

 (i) A declaratory judgment that the policies, practices or customs of the 
Pikeville Police Department and the Bledsoe County Police Department complained 
of herein are illegal and unconstitutional; 
(j) All such further relief, both general and specific, to which he may be 
entitled under the premises.  
 
PRAYERS FOR RELIEF 
Plaintiff hereby incorporates, in its entirety, each and every paragraph 
contained in this Complaint and by reference make said Paragraphs a part hereof 
as if fully set forth herein. 
WHEREFORE, PREMISES CONSIDERED​, Plaintiff prays to the Court as 
follows: 
a. 

That this Complaint be received and filed, and that proper process 

issue and be served upon the Defendants, requiring them to answer in the time and 
manner prescribed by law; 
b. 

That Plaintiff James Arthur Evans sues for an amount in excess of 

$750,000.00 for compensatory damages. 
c.

The Plaintiff sues for punitive damages against the applicable 

Defendants in the amount of $1,000,000.00, reasonable attorney fees, declaratory 
relief stating and holding that the policies, practices, and customs of the Pikeville 
Police Department and the Bledsoe County Sheriff Department are 
unconstitutional. 

19

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 19 of 20 PageID #: 19

 d. 

The Plaintiff sues for attorney fees pursuant to 42 U.S.C. §1988;  

e. 

That Plaintiff hereby demands a jury to try all issues and causes 

herein; and 
f. 

That Plaintiff has such other and further general relief as he may 
prove entitled. 

Dated: August 21, 2019. 
 

 
 
 
 
 
 
 
 
 

Respectfully submitted, 
  
/s/ Roger D. Layne_____________ 
Roger D. Layne (B.P.R. # 33873) 
Davis, Kessler & Davis 
433 Cherokee Blvd. 
Chattanooga, TN 37405 
Phone: (423) 267-7000 
Fax: (423) 717-5488 
roger@daviskessler.com 
Attorney for Plaintiff 

 
 

20

Case 1:19-cv-00238-CLC-CHS Document 1 Filed 08/21/19 Page 20 of 20 PageID #: 20