NC man says trooper hit, falsely arrested him after epileptic seizure
AI-generated summary reviewed by our newsroom.
- Lawsuit alleges NC trooper used excessive force on man suffering seizure in 2024.
- Lawsuit says that Highway Patrol trooper misrepresented evidence after the arrest.
- Prosecutors dropped charges after new legal counsel pushed case toward trial.
A North Carolina man accuses a Highway Patrol sergeant of punching him, cuffing him and arresting him when he should have recognized that he was having a medical emergency in a federal lawsuit filed Tuesday.
The complaint alleges Sgt. Ashley Smith also misrepresented evidence, resulting in Thomas Simmons being charged with assault on a government official and resisting, delaying and obstructing an officer, the lawsuit states.
The suit accuses Smith of violating Simmons’ constitutional rights by using excessive force and making an unreasonable arrest in Greenville in May 2024.
The lawsuit stems from an incident in Greenville where Simmons had an epileptic seizure and totaled his car last year. It is filed in the U.S. District Court for the Eastern District of North Carolina.
“Our client was treated like a criminal for suffering a seizure,” said one of his attorneys Jaelyn Miller, who works with civil rights orgnaization Emancipate NC.
Neither the Highway Patrol nor the Pitt County District Attorney’s Office responded to messages Tuesday afternoon.
About Thomas Simmons
Simmons, a Native American, worked for the state as a correctional behavior specialist at Maury Correctional Institute until he had a seizure in 2021, which forced him to stop working in 2022, the lawsuit states. He also lived with Crohn’s disease, limiting his ability to work.
In the spring of 2024, Simmons hadn’t had a seizure for more than two years, and he and his doctor had recently agreed he could drive again, the lawsuit states.
But on May 25, 2024, the seizures returned and he fell unconscious while driving his own car to deliver items for Walmart on N.C. 33 in Greenville.
Simmons’ Mercury Sable sideswiped a Mercedes-Benz, jumped a sidewalk, and crashed into a cement utility pole, which toppled over the car.
‘Looks like a drug problem’
Smith’s dashboard camera and the Greenville Police Department’s body-worn cameras captured what followed, the lawsuit states.
Smith arrived on the scene and spoke to the driver of the Mercedes-Benz, who told Smith that Simmons was having a seizure.
Simmons was convulsing in his car when Smith approached, the lawsuit says. The trooper used his baton to break the Sable’s front passenger-side window and leaned in.
“Hey brother, you alright?,” S—. Hey man, be still brother. Be still,” police video recorded Simmons as saying, the lawsuit says.
Smith then backed up and told onlookers to step back, the lawsuit states.
“Looks like a drug problem,” the trooper said, according to videos, the lawsuit says.
Simmons didn’t respond to Smith’s questions, but he pushed on the driver’s side door, trying to get out of the wrecked car, the lawsuit states.
As he rose to his feet and moaned, Simmons ignored Smith’s orders not to stay put. The trooper shoved him against the car, the suit says.
Smith grabbed Simmons’ hands, which Simmons pulled away, the lawsuit states. Smith warned Simmons he would hurt him and then struck Simmons in the face with his fist, the lawsuit says.
Simmons fell and Smith dragged him by the leg across the pavement and gravel before handcuffing him, the lawsuit says. Smith later told Greenville police that Simmons was “on meth” and that force was necessary.
From the hospital to the courthouse
An ambulance took Simmons to East Carolina University Hospital, where Simmons started to recover. Smith visited Simmons in a hospital room and told him that he’d punched the trooper in the face. He then interrogated Simmons about methamphetamine use.
Simmons denied drug use, explaining that he had an epileptic seizure.
Smith then told Simmons that he would be charged with reckless driving, resisting an officer and assault on a government official. As Smith left, he approached medical staff and said they had to give him a copy of Simmons’ blood tests, the lawsuit states.
The staff disagreed and refused, but Smith still suggested in his use-of-force report that hospital staff indicated Simmons had been impaired, the lawsuit says.
The blood tests later proved Smith’s assertions wrong, the lawsuit states. However, that didn’t result in the charges being dismissed.
For 11 months, Simmons appeared in court in Pitt County several times, attempting to clear his name. His attorney wasn’t given access to body camera footage, the lawsuit states
A Pitt County Assistant District Attorney told Simmons all criminal charges could be dismissed, but only if he signed a waiver that would have prevented him from filing a lawsuit against Smith, the lawsuit says.
Simmons obtained a new attorney, who alerted prosecutors that they would go to trial, after which prosecutors dropped the charges.
Simmons continues to suffer physical and psychological injuries, including being diagnosed with post-traumatic stress disorder, anxiety and depression, the lawsuit states.
This is a breaking news story that will be updated throughout the day.
Virginia Bridges covers criminal justice in the Triangle and across North Carolina for The News & Observer. Her work is produced with financial support from the nonprofit The Just Trust. The N&O maintains full editorial control of its journalism.
This story was originally published September 23, 2025 at 2:01 PM.
