A North Carolina state trooper, Sgt. Ashley Smith, is facing a lawsuit filed by a man who claims he was assaulted and dragged across concrete following an epileptic seizure that led to a car crash. The plaintiff, Thomas Simmons, alleges that he was discriminated against due to his disability, subjected to excessive force in violation of the Fourth Amendment, and falsely accused of impaired driving.
Simmons, who was 44 at the time of the incident on May 25, 2024, was working as a delivery driver for Walmart. While driving on Highway 33 in Greenville, he reportedly experienced an epileptic seizure, lost consciousness, and subsequently sideswiped another vehicle before crashing into a utility pole.
A witness at the scene called 911, and Sgt. Smith was among the first responders. The witness informed Smith that Simmons appeared to be having a seizure. Despite this information, the lawsuit alleges that Smith’s subsequent actions were inappropriate and excessive.
According to the lawsuit, Smith acknowledged that Simmons was likely experiencing a seizure. However, despite not finding any drugs in the vehicle, Smith allegedly told bystanders that it “looks like a drug problem.” The lawsuit further alleges that Smith punched Simmons in the face when he did not respond to commands, and then dragged him across the pavement and gravel by his leg.
Photos taken at the scene reportedly show Smith making contact with his fist to Simmons’ face. After the incident, Simmons was handcuffed and was visibly bleeding from multiple places on his body. He was taken to a nearby hospital for treatment.
The lawsuit also alleges that Smith falsely told other officers at the scene that Simmons was “on meth” and that he had to use force against him. While Simmons was in the hospital, Smith allegedly visited him and admitted to punching him in the face. Smith also reportedly told Simmons that he would be charged with assault on a government official, reckless driving, and resisting an officer.
The lawsuit further claims that Smith attempted to obtain Simmons’ blood tests from the hospital without a warrant, but was denied by the medical staff. Despite this, Smith allegedly suggested to state Highway Patrol officials that Simmons had been impaired, although no charges for Driving While Impaired were filed.
Simmons spent the following 11 months making court appearances in an attempt to have the charges dismissed. The state eventually offered to dismiss all criminal charges against Simmons if he would sign a waiver of all civil claims against Smith. Simmons refused this offer, and when his attorney announced his intention to take the charges to trial, the state dismissed them unconditionally.
Simmons alleges that he continues to suffer significant physical and psychological injuries as a result of Smith’s actions, including post-traumatic stress disorder, anxiety, and depression. He is seeking damages against Smith, a declaration that Smith’s actions were unlawful, and additional unspecified relief.
The North Carolina Highway Patrol has declined to comment on the lawsuit.