Sheriff’s office, Jellico sued for alleged constitutional violations
Anderson County Law Director Jay Yeager talks to Fifth District Anderson County Com- missioner Jerry White. Behind them is Second District Anderson County Commissioner Denise Palmer. (photo:Ben Pounds )
Anderson County Law Director Jay Yeager talked about the case to Anderson County Commission at a special meeting Thursday, April 27.
He said the Tennessee Risk Management Trust was handling the case.
He declined to comment on the lawsuit to The Courier News, and the Anderson County Sheriff’s Office had not responded by press time.
In addition to the city and county governments, the lawsuit targets Jellico Police Department’s Shayne Hurney, Anderson County Sheriff Russell Barker, ACSO Sergeant Denver Waddell, Corporal Christopher Conner and Deputy Whitney Davis.
The plaintiffs’ accusations allege violations of the U.S. Constitution’s Fourth and 14th amendments and Tennessee’s wrongful death, negligence, assault, battery and failure to intervene statutes.
They’re suing for $30 million in punitive damages. A filed complaint gives details from the plaintiffs’ perspective.
Barker was not alleged to be present at the shooting.
The plaintiffs alleged Hurney, Waddell and Connor fired 32 rounds at Moss’s car “in a matter of seconds.” Davis, the complaint said, did not fire at him, but the plaintiffs accused her of failing to try to stop her fellow officers.
The plaintiffs said nine of the rounds hit Moss, and a wound to his left chest killed him. The complaint claimed Waddell, Connor, Davis and Hurney had told the Tennessee Bureau of Investigation Moss had tried to run over the officers.
The plaintiffs disputed that Moss could have run over the officers because the car only had three operable wheels after a wreck and law enforcement’s use of spikes. They also said surveillance footage did not show him trying to run them over.
The complaint alleged the shooting was “motivated at least in part on account of Mr. Moss’s race.
“Upon information and belief, ACSO has a culture of training deputies to target minorities more than their white counterparts – particularly black individuals,” the complaint stated, also alleging ACSO has a culture of stopping and arresting minorities more often than their white counterparts.
The plaintiffs claimed Moss drove southbound on I-75 in Whitley County Kentucky the night of April 14. Citizens reportedly called Whitley County Dispatch about a car matching his Kia Forte’s description driving “all over the interstate” and switching headlights on and off.
Moss, the plaintiffs stated, drove into Tennessee, and Hurney took over the chase. ACSO’s Connor, Waddell and Davis later joined. At around mile marker 116.6 on I-75 South, Moss reportedly crashed into a median barrier and spun into the opposite direction of traffic.
The complaint stated Moss did not leave his vehicle, so Hurney smashed the window open and stood on the door frame to prevent Moss from shutting it.
Hurney told Moss to get on the ground, but Moss allegedly responded by saying “(expletive) kill me.” Hurney reportedly struck Moss’s leg and left body area with a baton. The officers allegedly shot toward the car after that point.
The plaintiffs also accused ACSO of failing to implement body cameras and using only dashboard cameras without audio.