Tennessee man was shot in the eye as Erwin police officer used a light on his gun as a flashlight.
ERWIN, TENNESSEE – MAY 4, 2022 – A Tennessee man who was shot in the face by a police officer who was using a light on his gun as a flashlight has sued the City of Erwin, Tennessee and the officer who pulled the trigger for excessive use of force.
The incident occurred on April 30, 2021 after a foot chase when David Tipton kneeled and then laid prone on the ground, and was attempting to comply with the officer’s directions to put his hands behind his back. The officer was holding his gun inches from the back of Tipton’s head when the officer shot Tipton in the left eye as Tipton was moving his hands behind his back, footage from the officer’s bodycam shows.
After the officer shot Tipton in the eye, Tipton is heard screaming in pain and begging for help. He asks the officer to tell his kids he loves them if he dies.
“You alright? You OK? Awe, damn,” the officer says on the bodycam video.
Tipton survived the shooting with severe injuries. He lost his left eye, and has had surgeries to attempt to rebuild his nose and orbital sockets, and he is losing vision in his remaining eye. Tipton will require additional medical treatment in the future.
“Mr. Tipton did not pose an immediate threat to the officer or others, and in fact was trying to comply with the officer’s demands to put his hands behind his back when the officer shot him in the face,” said Andrew Lampros, a Partner at Hall & Lampros, which represents Tipton in a civil lawsuit that was filed in late April against the City of Erwin and the officer. “The use of excessive force is unconstitutional and wrong, and in this case caused traumatic injuries for a man who was trying to do what the officer asked.”
The incident began when a Tipton accused a woman of stealing, and the woman accused Tipton of yelling at her and putting his hands on her and called police, which at most is an alleged misdemeanor. The responding officer spotted Tipton in his vehicle and attempted to stop it, and a vehicle pursuit ensued. The pursuit ended on foot around 11 PM in a grassy area on the side of a road.
Tipton kneeled and then laid prone on his stomach as the officer approached him with his handgun drawn, using the light on the gun as a flashlight. The officer held the gun inches from the back of Tipton’s head and shoulders, and ordered Tipton to place his hands behind his back. As Tipton tried to comply with the officer’s commands, the officer shot Tipton in the face.
The lawsuit alleges that the officer lacked probable cause that Tipton had committed a felony, and Tipton was unarmed and did not pose an immediate threat to the safety of the officer or others.
Hall & Lampros is an advocate for more training and education for all law enforcement officers on when the use of force is appropriate.
ABOUT HALL & LAMPROS, LLP
Hall & Lampros, LLP was founded in 2003 by Christopher B. Hall and Andrew Lampros and has since become one of the leading firms in the Southeast for personal injury, class actions, civil rights, employment, and discrimination litigation. The firm has obtained numerous multimillion-dollar settlements and jury verdicts for clients nationwide, including in cases involving wrongful death, industrial accidents, vehicle crashes, wage and overtime cases, and class action cases against insurance companies. Learn more at hallandlampros.com.
Media contact:
Mary Jane Credeur of The Credeur Group
404-317 2718
mj [@] credeurgroup.com
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