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