State trooper punches a disabled man seizing after crash
Background: A North Carolina Highway Patrol state trooper vehicle (North Carolina Department of Public Safety). Inset: Thomas Simmons reportedly in an altercation with State Trooper Sgt. Ashley Smith (Lawsuit).
A North Carolina man has filed a lawsuit against a state trooper, accusing him of excessive force and discrimination after an epileptic seizure led to a car crash.
Thomas Simmons, 44, says he was working as a Walmart delivery driver on May 25, 2024, when he lost consciousness on Highway 33 in Greenville, sideswiped another car, and struck a utility pole. According to his lawsuit, witnesses told Sgt. Ashley Smith of the North Carolina State Highway Patrol that Simmons was having a seizure. Greenville police also responded to the scene.
The lawsuit alleges that Smith acknowledged the medical emergency, but moments later told bystanders Simmons might have a “drug problem.” Simmons, still disoriented and convulsing, was reportedly ordered to stay in his car. When he failed to respond, the suit claims Smith threatened to harm him and then punched him in the face. Photos taken at the scene allegedly show the trooper striking Simmons.
Simmons says he collapsed and was dragged across pavement by his leg before being handcuffed, bleeding from several injuries. Smith allegedly told other officers that Simmons was “on meth” and that force had been necessary.
At the hospital, the lawsuit states, Smith admitted to punching Simmons and sought his medical records without a warrant. Medical staff refused, and later blood tests reportedly showed no signs of drug use. Despite this, Smith allegedly suggested to colleagues that Simmons had been impaired.
Prosecutors charged Simmons with assaulting an officer, reckless driving, and resisting arrest. After months of court appearances, the lawsuit says a Pitt County prosecutor offered to drop the charges if Simmons agreed not to sue. He refused, and the charges were eventually dismissed without conditions.
Simmons now says he continues to suffer from PTSD, anxiety, and depression linked to the incident. He is seeking damages and a court declaration that the trooper’s actions violated his constitutional rights.
The North Carolina Highway Patrol declined to comment on the pending litigation, local station WITN reported.
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