Cops tase man having diabetic episode outside Walmart: Suit

Background: Walmart in Spruce Pine, North Carolina (Google Maps) Inset: Town of Spruce Pine, NC, Police Department (Town of Spruce Pine)

A North Carolina resident, unable to communicate due to a medical crisis, was reportedly beaten, tased, and arrested by police officers instead of receiving assistance, as outlined in a recent lawsuit.

Dillon Ledford has filed a lawsuit against the Town of Spruce Pine, its police chief Kasey Cook, and officers Michael Hollifield, Michael Sale, and Dalton Mace. The suit claims they violated his constitutional rights and breached federal and state laws during an incident that occurred in February 2024.

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On the night of February 16, 2024, Ledford, who was about 30 years old then, was driving back home through Spruce Pine after a visit to his girlfriend. He reports stopping at Walmart in the town to grab something to eat, as his blood sugar levels were low due to his diabetes, a condition he has managed since age 9.

According to the lawsuit, at about 8 p.m., Ledford entered and then exited the store, walked back to his car, and sat inside, feeling his physical state worsening. Employees who noticed him “twitching” and with “buggy eyes” inside his vehicle tried to communicate with him but to little or no avail, and they eventually called 911 for a welfare check, Ledford’s lawyers said.

Sale and Mace are said to have arrived at 9:10 p.m., with Hollifield shortly behind them. They tried to speak with the plaintiff, but he was nonverbal, the 58-page lawsuit states. “At all times relevant, each Defendant-Officer was able to render medical assistance to the Plaintiff, but chose not to do so,” it continues, adding that the officers also could have called for medical assistance, something Ledford had yet to receive, but they did not.

It was at this point that the officers allegedly told Ledford he was going to be arrested — and, “in a three-on-one assault,” the officers picked Ledford up out of the driver’s seat and “threw” him to the ground. All the while, according to the plaintiff, no defendant was “in fear of harm or danger to himself or others.”

Ledford accuses the officers of having used excessive force in violation of the Fourth Amendment’s protections against unreasonable search and seizure — force that only got worse. According to Ledford, Sale hit him at least 11 times while he was on the ground and unable to comply with the officers’ demands, causing him “great pain and bruising.” Hollifield then allegedly tased Ledford twice, and the three officers are said to have flipped him onto his stomach and handcuffed him.

“It is well-settled law, policy, custom, and tradition that police officers do not brutally beat and humiliate someone in medical distress,” the lawsuit states.

The plaintiff claims this entire encounter was captured on Walmart surveillance footage, and that officers searched his car and found nothing. However, he wasn’t brought to a hospital — but instead, the town’s police headquarters.

Ledford was charged with second-degree trespassing and three counts of resisting a public officer. He says the charges kept him from employment and even led to an internal affairs investigation as he was a law enforcement officer himself at the time, having served as a K-9 officer with the North Carolina Department of Adult Corrections for about three years, per the June 4 lawsuit.

While the charges were dismissed about eight months later, Ledford is now asking for a jury trial and damages relating to his physical, mental, and emotional injuries, as well as reputational harm. And he’s not just targeting the officers but also their supervisors, alleging “inadequate and outdated” rules, training and supervision — and a lack of policies or “insufficient” policies — contributed to the “violations” against him.

Neither the town’s administrators nor Cook, the police chief, investigated or disciplined the three officers who arrested Ledford, according to the lawsuit. “Had Defendant Cook or Spruce Pine investigated the incident, they would have discovered that the Defendant-Officers did not follow all applicable state and federal laws regarding use of force,” it continues. “Rather, the force used on Plaintiff was excessive and unwarranted under the circumstances.”

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