A federal lawsuit against Carter County and a local constable faces dismissal if the plaintiff in the case fails to comply with a court order according to documents filed this week in the case.

In November 2017, Cecil H. Perry III, of Mountain City, filed a lawsuit in the U.S. District Court in Greeneville 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 Monday, U.S. District Judge Harry S. Mattice Jr. filed an order in the case noting that Perry and his attorneys have failed to serve notice of the lawsuit to Carter County and Brown.

In his order, Mattice cites Federal Rule of Civil Procedure 4(m), which he said states that if a defendant has not been served with notice within 90 days of the complaint being filed, then the court must dismiss the action or order that service is made within a set time frame. However, if a plaintiff can show the court good cause as to why the defendant was not notified the court must extend the time for service for an appropriate period.

“More than 90 days have now passed since the complaint was filed, and there is no evidence in the record to suggest that Plaintiff has timely served Defendant,” Mattice states in his order. “Accordingly, Plaintiff is hereby ordered to show cause in writing, on or before March 12, 2018, why its claims should not be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m).”

The basis of the lawsuit is a claim by Perry that Brown violated his constitutional rights during a traffic stop in December 2016.

In the lawsuit, Perry alleges that Brown unlawfully detained him and held a gun to his head during a traffic stop on Dec. 2, 2016. Perry said he was traveling on Highway 19E when Brown pulled him over for an alleged traffic violation. According to the lawsuit, 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. According to Perry, Brown’s demeanor “changed drastically” after Perry asked to speak to his supervisor.

In his lawsuit, Perry states that during the conversation he feared for his safety and tried to roll up the window on his vehicle, at which time he alleges Brown pulled a firearm and held it to his head. Perry alleges in the lawsuit that Brown asked for his vehicle registration, so he got out of the vehicle in order to retrieve the paperwork for the officer. Perry said Brown held him at gunpoint and when he saw an approaching vehicle he ran into the roadway to flag it down due to fearing for his safety.

According to the lawsuit, Perry alleges that Brown then removed Perry’s keys from the car and threw them into the grass before leaving the scene.

Just days after filing the lawsuit in the U.S. District Court in Greeneville, Perry filed a similar lawsuit in the Carter County Circuit Court. Court records show both Brown and officials for Carter County were served with notice of the lawsuit in the local Circuit Court.

Brown filed a response to the allegations in the Circuit Court lawsuit, stating that he did, in fact, conduct a traffic stop on Perry on the date in question.

In his response to the suit, Brown denies the allegation that he threatened to take Perry to jail but admits that his demeanor did change during his encounter with Perry, whom he described as appearing “extremely agitated.”

In his response, Brown admits to drawing his service weapon, but said it was for his safety.

“(Perry) did attempt to roll up the window while (Brown’s) arm was in the window opening, (Brown) having reached through the window to obtain (Perry’s) driver’s license,” the response states. “(Brown), fearing for his safety, did draw his weapon and ordered (Perry) not to close the window.”

In his response, Brown said he had previously asked Perry for his license, registration, and proof of insurance before Perry exited the vehicle.

“(Perry) threw the door open, striking the defendant and jumped out of the car and ran toward the town of Hampton apparently trying to flag down passing motorists. (Brown) ordered (Perry) to return to the vehicle but he refused to do so,” Brown said in the response. “(Brown) did hold (Perry) at gunpoint for a short period of time as explained above and based on (Perry’s) subsequent action.”

In addition to the pair of lawsuits, Brown also faces criminal charges in connection with the allegations made by Perry regarding the traffic stop. The incident was investigated by the Tennessee Bureau of Investigations.

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 he is scheduled to stand trial on August 22.