Carter County and a local constable are facing a pair of lawsuits claiming civil rights violations as a result of the constable’s alleged actions during a traffic stop in December 2016.

Cecil H. Perry III, of Mountain City, filed a lawsuit in the U.S. District Court in Greeneville on Nov. 22 against Constable Barney Brown and Carter County seeking both compensatory and punitive damages. In the suit, Perry alleges that Brown violated his constitutional rights during a traffic stop.

On Tuesday, Perry filed a second suit in the case, this time in Carter County Circuit Court.

Both lawsuits contain the same allegations as to what happened during the traffic stop in question.

On December 2, 2016, Perry was traveling on Highway 19E in Carter County when Brown pulled him over for an alleged traffic violation. According to the lawsuits, Brown identified himself as a constable and was driving what appeared to be a patrol car, but offered no credentials and was wearing civilian clothing.

Perry alleges that during the traffic stop Brown said he could write the man a ticket and Perry responded by asking for the ticket so he could be on his way. Perry alleges Brown then threatened to take him to jail, so he asked to speak to Brown’s supervisor.

“The demeanor of Defendant Brown changed drastically as did the nature of the conversation, as Defendant Brown informed Mr. Perry, ‘He was a constable!’ ‘You don’t think I got the power! I got the power,’” the lawsuit states. “As the Plaintiff, Mr. Perry, began to fear for his safety and attempted to roll up his window, at which point, the Defendant Brown drew a handgun and placed it to his (Mr. Perry’s) head.”

Perry said he cooperated with Brown and got out of his vehicle so he could retrieve the vehicle’s registration paperwork for Brown. Perry alleges that Brown held him at gunpoint for several minutes and he began to look for an opportunity to flag down any car that passed.

Eventually, the Plaintiff saw an oncoming vehicle, and ran into the roadway, shouting for help and asking for someone to call 911. He said Brown ordered him to return to the side of the road, but he stayed in the roadway waving his arms and screaming for help.

At that point, Perry alleges Brown took the keys out of Perry’s vehicle ignition and threw them into the grass and left the scene. Perry said he called 911 after Brown left. Deputies with the Carter County Sheriff’s Office responded to the call and told Perry that since the incident involved another law enforcement officer the Tennessee Bureau of Investigation would have to conduct the investigation. Perry said a few days later he was contacted by an agent with the TBI.

On March 13, 2017, the Carter County Grand Jury indicted Brown on charges of aggravated assault and official oppression in connection with the incident reported by Perry. That criminal case is still pending in Carter County Criminal Court at this time and is currently set for trial in January 2018.

In the lawsuit filed in the U.S. District Court in Greeneville, Perry alleges that Brown violated his federal constitutional rights against illegal seizure and detention as well as against the use of excessive force. Perry further alleges that Brown recklessly inflicted “emotional distress” on him during the incident.

The lawsuit in federal court alleges Carter County is liable for the incident and Brown’s actions due to county’s failure to train constables as well as “deliberate indifference” in reinstating Brown as a constable after he had previously resigned from the post.

Brown was elected as a constable for the county’s 2nd District, which includes Roan Mountain and Tiger Valley, in 2010. Shortly after his election, allegations were made that Brown committed perjury by failing to report a prior felony charge from out of state in the 1960s. Those allegations were never proven, and criminal charges were not pursued in connection with the allegation.

During that time period, Brown resigned his position as constable, but when the county advertised for applications to fill the vacancy, Brown applied to be reinstated, citing an outpouring of support from the community. The Carter County Commission voted to appoint Brown to fill the remainder of the term he had been elected to. That term completed on August 31, 2014, and Brown was once again elected by voters in his district to serve as constable. His current term of office will expire on August 31, 2018.

In his lawsuit, Perry alleges Carter County’s appointment of Brown back to the position he had been elected to shows “deliberate indifference” by the county to protecting the constitutional rights of citizens.

In the version of the lawsuit filed in Carter County Circuit Court, Perry alleges the county was negligent in retaining/reinstating Brown to the constable position.

“Plaintiffs aver that Defendant Carter County, Tennessee’s negligently retained Defendant Brown as Constable, while knowing or reasonably should have known that Defendant Brown was unqualified for the office of Constable, unfit for the duties of the office of Constable, and was and is a danger to persons present within Carter County, Tennessee,” the lawsuit states.

The federal lawsuit further alleges liability on the county’s part due to “deliberate indifference for failure to train constables.”

“(Carter County) failed to adequately train and/or supervise Constable, including Defendant Brown as to proper policies, procedures, practices, customs, edicts as to the use of force that subsequently resulted in the use of excessive force and or the false arrest of Plaintiff Perry during the incident,” the federal lawsuit states.

While the lawsuit alleges Carter County has a duty to train constables, under Tennessee state law, constables are elected law enforcement officers and not employees of the county in which they serve. State law grants the counties no jurisdiction over the training or service of elected constables.

The lawsuit filed in Carter County Circuit Court also alleges Brown falsely arrested Perry in addition to assaulting Perry “by placing a gun to his head.” The local lawsuit alleges that Perry “suffered serious physical and emotional injuries” and that Brown intentionally inflicted emotional distress on Perry.

Neither Brown nor Carter County have filed a response to either lawsuit.