A North Carolina man has filed a lawsuit against a state trooper, alleging he was punched and dragged across concrete after suffering an epileptic seizure that caused him to crash his car.
Thomas Simmons, 44, says Sgt. Ashley Smith of the North Carolina State Highway Patrol violated his rights by using excessive force, falsely claiming he was impaired, and discriminating against him due to his disability.
The incident occurred May 25, 2024, on Highway 33 in Greenville, where Simmons, delivering items for Walmart, lost consciousness during a seizure, sideswiped another car, and crashed into a utility pole. Witnesses immediately called 911.
According to the lawsuit, Smith arrived on the scene aware that Simmons was having a seizure. A bystander even told the officer, “He’s seizing,” but Smith allegedly responded by punching Simmons in the face after the man “woozily” tried to rise from his vehicle. Smith then dragged him by the leg across pavement and gravel before handcuffing him. Simmons reportedly sustained multiple injuries and was bleeding when taken to a hospital.
Simmons claims Smith also falsely reported that he was on meth and attempted to access his medical records without a warrant. Blood tests later disproved any suspicion of drug use. Criminal charges initially filed against Simmons were eventually dismissed after he refused to waive civil claims against Smith.
The lawsuit states Simmons continues to suffer physical and psychological injuries, including PTSD, anxiety, and depression. He is seeking damages and a court declaration that the trooper’s actions were unlawful.
The North Carolina Highway Patrol has declined to comment on the lawsuit.
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