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Jasper, Tennessee, police deny wrongdoing in 2023 arrest | Chattanooga Times Free Press

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Jasper, Tennessee, police deny wrongdoing in 2023 arrest | Chattanooga Times Free Press


The city of Jasper, Tennessee, and two of its police officers have formally answered a multimillion-dollar federal civil rights lawsuit filed by a man alleging he was assaulted during a 2023 arrest.

The seven-count lawsuit filed Aug. 2 in U.S. District Court in Chattanooga by Samuel “Sal” Hryncewiz seeks $1 million per count in compensatory and punitive damages. It alleges Hryncewiz, 54, of Dunlap, Tennessee, had his civil rights violated when he was arrested without probable cause and was the victim of excessive force when assaulted by two Jasper police officers who intended to cause him “severe emotional distress.”

Hryncewiz — whose name has been spelled “Samuel Hrynecwicz” in other documents and reports — was arrested Aug. 5, 2023, on two counts of assaulting an officer and one count of resisting arrest. The incident was recorded by the driver of the car, and the video was viewed thousands of times on social media. The driver was initially stopped for allegedly running a stop light and almost causing a collision with a patrol car, authorities said at the time.

The lawsuit said prosecutors eventually resolved charges filed against Hryncewiz. Court officials said an agreed order was signed April 4 by Circuit Court Judge Justin Angel for a conditional dismissal of charges with a review of the case set for Oct. 3.

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(READ MORE: DA to review Jasper traffic stop after video shows officer punching passenger)

The suit filed on Hryncewiz’s behalf by Chattanooga attorney Robert F. Davis names the city of Jasper and Jasper Police Department Officers Justin Graham and Derrick Long.

In the answer filed Thursday by Chattanooga attorneys Ronald D. Wells and Philip Aaron Wells, the defendants deny Graham and Long did anything constituting a violation of Hryncewiz’s civil rights and also deny assaulting him during the arrest. The defendants describe the physical encounter with Hryncewiz as being a response to his escalation of the incident and deny the allegation the use of a stun gun and a bronchial stun hand strike was unreasonable.

The city, Graham and Long further deny Hryncewiz’s arrest was false, made without probable cause or intended to create emotional distress using excessive force. The answer denies allegations in the suit that violating people’s civil rights is a common practice of the police department.

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TRAFFIC STOP VIDEO

Hryncewiz was the passenger in the vehicle stopped by Graham for allegedly running a stop sign and almost causing a collision with Long’s patrol car, according to authorities. Graham said Hryncewiz appeared to be intoxicated, and Graham saw what he identified as a firearm in the back seat. The gun was later found to be an airsoft gun, Jasper City Attorney Mark Raines said during a news conference a few days following the arrest in 2023.

A video taken by the driver spread on social media following the incident.

Body camera footage from the stop showed the officer asking a man in the passenger seat for his name and identification, then raising his voice and asking him to get out of the car when he did not identify himself. Later in the video, Hryncewiz said he was drunk and had been getting a ride to the local Waffle House.

Graham then began repeatedly asking Hryncewiz to get out of the car. When Hryncewiz asked if he did anything wrong, Graham repeated the command and told him he had a right to ask him to step out of the car because he was involved in a traffic stop. The officer then began pulling the passenger’s leg, according to the footage.

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Hryncewiz did not get out, video showed, and Graham appeared to reach across him to release his seat belt. Graham and other officers who joined the stop eventually pulled Hryncewiz out of the car and put him face down on the ground while they handcuffed him, according to video shown at the news conference.

The presence of what looked like a police-style firearm and what appeared to be an intoxicated passenger prompted Graham to order Hryncewiz out of the car for the safety of all on the scene, but he refused, District Attorney Courtney C. Lynch said in 2023 of a review by investigators from her office.

(READ MORE: District attorney rules Jasper, Tennessee, officer’s use of force was lawful)

“The officer utilized pepper spray in an effort to get Mr. Hryncewiz out of the car,” Lynch said. “Some of the spray got in the officer’s eyes, causing some impairment of his vision. The officer attempted to call for backup, but his portable radio did not get out. He returned to his patrol unit, called for backup and proceeded back to the vehicle containing Mr. Hryncewiz. At this time, Officer Graham attempted to use the tactic of brachial stun, which is an open-handed blow to the neck, which would temporarily stun the subject. In the course of attempting to execute the brachial stun, Mr. Hryncewiz was struck in the face.”

The case docket on Friday did not reflect any new hearing or filing dates.

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Contact Ben Benton at bbenton@timesfreepress.com or 423-757-6569.

    Staff Photo by Robin Rudd / The federal courthouse and Miller Park in Chattanooga are seen before sunrise on April 5, 2023.
 
 



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Tennessee

Tennessee Muddies Up Its Execution Manual

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Tennessee Muddies Up Its Execution Manual


Tennessee on Thursday released a redacted version of its new execution manual, blacking out sporadic titles and team names throughout the trimmed-down document that now provides vague guidelines and omits previously detailed steps on carrying out the death penalty. The Department of Correction initially would not hand over the manual when pressed by the AP, arguing that the government had to keep the entire manual secret to protect the identities of the executioner and other people involved. On Thursday, the agency reversed course and provided the AP with a copy of the lethal injection protocol.

The 44-page manual is noticeably shorter than the 2018 version the state had been operating under, which contained nearly 100 pages, including 11 detailing how lethal injection drugs should be procured, stored, and administered. The failure to follow those procedures forced Republican Gov. Bill Lee in 2022 to call a last-minute halt to the execution of Oscar Smith and place a moratorium on new executions while the process was under review. An independent report later found that none of the drugs prepared for the seven people executed since 2018 had been fully tested as required by the manual. The report also revealed that officials considered trying to acquire drugs through a veterinarian or even importing them internationally. Later, the state Attorney General’s Office conceded in court that two of the people most responsible for overseeing the drugs “incorrectly testified” that they were being tested as required.

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The new manual contains a single page on the lethal injection chemicals with no specific directions for testing them. It removes a requirement that the drugs come from a licensed pharmacist, per the AP. Yet the new protocol has several additions, including now authorizing the state to deviate from the protocol whenever the correction commissioner deems it necessary. The 2018 protocol required a series of three drugs administered in sequence; the version unveiled last week requires a single dose of pentobarbital. And the people most responsible for carrying out the execution will now be outside contractors. The manual requires an IV team and a physician who are not Department of Correction personnel.

(More death penalty stories.)





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Judge axes Biden Title IX rule against transgender discrimination after Tenn., other states sue

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Judge axes Biden Title IX rule against transgender discrimination after Tenn., other states sue


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Rules created by the Biden administration prohibiting schools and universities from discriminating against transgender students were struck down in a Thursday court ruling that applies nationwide.

Tennessee was one of six states that sued to block the rules from going into effect.

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Tennessee Attorney General Jonathan Skrmetti called the ruling “a huge win for Tennessee, for common sense, and for women and girls across America.”

“The court’s ruling is yet another repudiation of the Biden administration’s relentless push to impose a radical gender ideology through unconstitutional and illegal rulemaking,” Skrmetti said in a statement. “Because the Biden rule is vacated altogether, President Trump will be free to take a fresh look at our Title IX regulations when he returns to office next week.”

The regulations, which had already been blocked from implementation by a preliminary order, were released by the U.S. Department of Education in April as part of the Biden administration’s interpretation of Title IX, a federal law that bars discrimination on the basis of sex in schools that receive federal funding. The new regulations expanded the umbrella of sex discrimination to include discrimination on the basis of “sex stereotypes, sexual orientation, gender identity, and sex characteristics.”

Under the updated rules, a school would violate the law if it “denies a transgender student access to a sex-separate facility or activity consistent with that of a student’s gender identity.”

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The judge who issued the ruling, U.S. District Court for the Eastern District of Kentucky Chief Judge Danny C. Reeves, pulled few punches in his opinion, calling the updated interpretation “unlawful on numerous fronts” and saying the new rules had an “arbitrary nature.”

Reeves saw the updated regulations as a departure from Title IX’s original purpose and longstanding interpretation, writing “Title IX does not encompass the issue of gender identity at all.”

“Put simply, there is nothing in the text or statutory design of Title IX to suggest that discrimination ‘on the basis of sex’ means anything other than it has since Title IX’s inception—that recipients of federal funds under Title IX may not treat a person worse than another similarly-situated individual on the basis of the person’s sex, i.e., male or female,” Reeves wrote.

Reeves claimed, despite the U.S. Department of Education’s statements in court to the contrary, that the rules would “require Title IX recipients, including teachers, to use names and pronouns associated with a student’s asserted gender identity,” a flashpoint in the ongoing culture war around LGBTQ+ people, youth in particular.

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“President Biden’s radical Title IX rewrite is dead and common sense is ALIVE!” Skrmetti wrote on the social media site X, responding to a post from conservative media personality Clay Travis.

While the protections for gender identity discrimination are the most politically charged, Reeves’ order tosses out the updated regulations in their entirety. The rules made other changes to Title IX, including the system for handling sexual assault complaints, for example.

Shiwali Patel, an attorney in the Obama administration’s Office for Civil Rights who resigned from the Education Department in Trump’s first term, called the judge’s decision Thursday a “huge setback” that will ultimately harm students.

“I hope that they will continue to try to fight back,” she said of the Biden team. “But the reality is that there really isn’t much time for it left.”

The Department of Education did not immediately provide a comment.

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Zachary Schermele of USA TODAY contributed to this report.

Evan Mealins is the justice reporter for The Tennessean. Contact him at emealins@gannett.com.



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Where outgoing Tennessee football transfers have landed so far

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Where outgoing Tennessee football transfers have landed so far


Where outgoing Tennessee football transfers have landed so far

With the window to enter the transfer portal closed, a good amount of players across the country have found their new homes.

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Of the nearly 20 players in the portal out of Tennessee, 11 have announced their next destination. This includes eight Power Four destinations and two players staying within the SEC.

Here’s the full list.

TALK ABOUT IT IN THE ROCKY TOP FORUM

– New School: Florida State

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– Date Entered: 12/27/24

– Date Committed: 1/5/24

– New School: Purdue

– Date Entered: 12/12/24

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– Date Committed: 1/6/25

– New School: USF

– Date Entered: 12/9/24

– Date Committed: 1/4/25

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– New School: Louisville

– Date Entered: 12/30/24

– Date Committed: 1/6/25

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– New School: Virginia Tech

– Date Entered: 12/14/24

– Date Committed: 12/29/24

– New School: Mississippi State

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– Date Entered: 12/6/24

– Date Committed: 12/19/24

– New School: Florida State

– Date Entered: 12/23/24

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– Date Committed: 1/5/25

– New School: Vanderbilt

– Date Entered: 12/6/24

– Date Committed: 12/18/24

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– New School: Maryland

– Date Entered: 12/5/24

– Date Committed: 12/13/24

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– New School: Appalachian State

– Date Entered: 12/4/24

– Date Committed: 12/28/24

Titus Rohrer (TE)

– New School: Montana

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– Date Entered: N/a

– Date Committed: 1/7/25

Still looking for their new home



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