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Federal lawsuit accuses sheriff’s deputies of using excessive force

A lawsuit filed in federal court this week accuses two Henderson County Sheriff’s Office deputies of using excessive force in 2024 when they took a man into custody during a fire at his home. The suit, which was filed in Asheville on Monday, also names Sheriff Lowell Griffin and a surety company for Griffin as defendants.It accuses sheriff’s deputies James McClure and Brady Garren of violating the civil rights of Hubert Lee Allen, 51, by using excessive and unreasonable force when they took him into custody during a fire at his home in Henderson County on April 30, 2024.The deputies repeatedly used tasers and physical force against Allen during the incident. The complaint described Allen as “a non-violent, unarmed individual on his own premises who posed no immediate threat and was experiencing a perceived mental health episode.” It goes on to say that “the force used was disproportionate, caused plaintiff severe injury and violated his clearly established constitutional rights.”A spokesperson for the sheriff’s office declined to comment on the suit on Tuesday and said the department had not yet been served with the complaint. Similar suits are typically referred to the county’s risk management office and are handled by outside counsel, he said.The lawsuit describes the circumstances of Allen’s arrest in 2024, citing video footage recorded on body-cams worn by the deputies named in the suit. First responders were called to Allen’s home after a fire ignited while he was in a camper on the property. When first responders arrived, Allen was asked to move away from the home and was allowed to move with his dog to a motor vehicle on the property.McClure was aware of an outstanding misdemeanor warrant for Allen’s arrest when he and Garren arrived at the fire but neither had the warrant with them, according to the suit.Asheville attorney Paul Bidwell, who represents Allen,  said Tuesday the warrant was for misuse of 911 and was later dismissed by the state. People including first responders told the deputies Allen appeared to be showing fear and confusion and might have been experiencing a mental health crisis.By the time the deputies arrived “the fire was substantially contained, with no visible flames, and no exigent threat existed to require immediate intervention,” according to the suit.Allen, a convicted felon with a lengthy criminal record in Henderson County, did not comply when the officers asked him to leave his vehicle.The officers then tased Allen three times as they were trying to remove him from the vehicle by force. After the second use of the taser, the dog “became agitated, lost control and caused severe (bite) injury to Plaintiff’s left ear and face/eye,” according to the suit. The deputies used the taser on the dog and tried to drag Allen from the vehicle.McClure also kicked Allen and slammed the vehicle’s door on his ankle and foot, the lawsuit said.“Plaintiff thereafter collapsed and both he and his dog were prone in the front seat of the vehicle,” according to the suit.Allen was taken into custody after being removed from the vehicle and placed on a stretcher.He was hospitalized for more than 40 days after the incident and suffered “bone fractures; permanent head and facial disfigurement; partial loss of sight; agonizing physical pain and suffering; and severe emotional distress and mental anguish,” according to the suit.Bidwell said Allen now walks with a limp and is unable to do the things he once did.“He’s in rough shape as a result of what happened,” the attorney said.Allen was charged with two counts of resisting an officer in the incident. He was found not guilty of those charges at trial, according to the suit.The lawsuit requests a jury trial and seeks an unspecified amount of compensatory and punitive damages.     Read Story »

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