Excessive force suit names former deputy, county

Sep. 6—Cumberland County and a former deputy sheriff are named in a federal lawsuit claiming excessive force stemming from a June 2020 altercation following a cross-county chase of two individuals in a side-by-side utility vehicle.

Jordan Farmer of Cumberland County filed the suit June 26 in U.S. District Court for the Middle District of Tennessee, claiming he was hit multiple times and shocked with a Taser during the incident.

The county has denied the allegations and said the actions taken by law enforcement were in response actions by the driver and Farmer. The county also claims qualified immunity and immunity from money damages.

The suit names former Cumberland County Deputy Ryan Ashburn, who is now working for the Crossville Police Department, and Cumberland County.

According to the suit, Farmer was riding in a side-by-side in a rural area of Cumberland County on June 28, 2020, with Cody Lane Davenport, who was driving. Farmer claims in the suit that the two had been riding the side-by-side in rural Cumberland County and back roads.

According to a police report of the incident, Deputy Chance Dixon said he observed the 2017 Yamaha UTV recreational/work vehicle slide and "fishtailing" through the intersection of Lantana Rd. and Miller Ave. at about 10:30 p.m.

Dixon attempted to stop the vehicle, which then turned onto Old Lantana Rd., passing a car on the wrong side of the road. At the end of Old Lantana Rd., the vehicle jumped a curb and traveled down a grassy embankment and turned outbound on Lantana Rd. and then into the First Congregational Church parking lot, eluding responding officers.

The UTV was then spotted on the Halstead Rd. where the driver nearly struck the patrol vehicle head-on, the report stated. The UTV fled to Taylor's Chapel Rd., traveling through yards and at a high rate of speed to POW Camp Rd.

Deputy Jason Powers deployed stop sticks to disable the vehicle's tires, but the vehicle continued, running the stop sign at Hwy. 70 W. and driving on Pomona Rd. to a residence. There, Davenport was arrested and charged with driving under the influence, evading arrest and reckless endangerment.

On Aug. 12, Davenport pleaded guilty to DUI and reckless driving. He was sentenced to eight months of supervised probation, with fines and court costs waived. Other charges were dropped.

According to the suit, Farmer said he put his hands in the air. He claims law enforcement officers did not give him the option of exiting the vehicle under his own power and he was "aggressively and violently descended upon by" Cumberland County officers.

Farmer claims one of his feet became hung in the side-by-side and officers were having trouble pulling him from the vehicle. It was then that Farmer claims Ashubrn kneed him in the head and began punching him, landing several blows to his head and body before deploying his stun gun against Farmer.

Farmer says his injuries caused him to miss an extended period of work and that he continues to suffer lingering effects from the incident, including physical pain and suffering, emotional trauma, stress, embarrassment, loss of the enjoyment of life, lost wages and medical expenses.

Farmer was not charged in the incident.

Ashburn worked for the Cumberland County Sheriff's Office as a reserve officer from 2010 to 2012, when he was hired as a patrol deputy. He was also part of the county's SWAT team and a K-9 officer.

His personnel file includes disciplinary reports related to the June 2020 incident, another incident in 2020, and an off-duty incident in 2015 involving a verbal altercation. His file also includes a letter of commendation from the city of Crossville for his assistance following the report of a bank robbery at the Upper Cumberland Credit Union in February 2018 and a certificate of appreciation for assisting in a medical emergency in 2016.

Farmer filed a citizen complaint against Ashburn alleging excessive force, stating the deputy repeatedly punched him in the ribs as he was removed from the vehicle. The complaint was referred to District Attorney General Bryant Dunaway, who referred the matter to the Tennessee Bureau of Investigation.

During the investigation, the TBI learned of another incident that took place earlier in the year in the Breckenridge area. That incident was captured on the deputy's in-dash camera.

In his report to Sheriff Casey Cox, Dunaway wrote "Viewing the factual findings of the investigation in total, it is possible that Jordan Farmer did not offer resistance to his extraction from the ATV. Considering the situation in the reasonable perception of Deputy Ryan Ashburn, it is also possible that he perceived that Farmer was resisting the efforts of the deputies in removing him from the ATV."

In regard to the Breckenridge incident, Dunaway added, "It does appear that the subject was not resisting arrest and that the force used by Deputy Ashburn was not necessary to affect the arrest. Frankly, this is concerning. But ... it cannot be ruled out that Deputy Ashburn reasonably perceived that the use of force was necessary to apprehend the man."

An internal investigation by the sheriff's office found Ashburn had failed to activate his body camera in both incidents, which is a violation of sheriff's office procedures. The disciplinary report also stated Ashburn violated the office's use of force procedures.

In regards to the Breckenridge incident, the report found that "force used to affect the arrest of the suspect in that incident, though not excessive, was unnecessary."

Ashburn was suspended from duty without pay for 14 days and placed on probation for one year. He was also ordered to undergo a psychological evaluation, complete an anger management program and complete remedial training on law enforcement use of force. He was also prohibited from taking part in special teams or duties for a period of six months.

Ashburn did not provide comments to the disciplinary action.

Ashburn resigned from the sheriff's office June 10, 2021. He was sworn in as an officer for the Crossville Police Department June 21.

Farmer claims violations of his Fourth and 14th Amendment rights, including the right to be "free from unjustifiable, unnecessary and gratuitous violence, particularly while restrained and/or incapacitated."

The county responded that Farmer had not been denied any rights protected by the U.S. or state constitutions or any other federal or state law.

"The plaintiff's actions are the sole and proximate cause of the incidents described in the complaint and of any damages alleged to have been suffered by the plaintiff," the response states. "Alternatively, the incident was caused, in whole or in part, by the driver, Cody Davenport, in initiating the illegal conduct and/or causing the pursuant by law enforcement."

Farmer asks for a trial by jury and seeks compensatory and punitive damages and reasonable attorney fees. The county has asked they be awarded attorney's fees and other costs from defending the suit.

Attorney Michael R. Giaimo of the firm Crabtree and Patterson in Cookeville is representing Farmer. The county is represented by Robyn Beale Williams of Farrar and Bates LLP of Nashville.

Heather Mullinix is editor of the Crossville Chronicle. She covers schools and education in Cumberland County. She may be reached at hmullinix@crossville-chronicle.com.