Back in October, the Elizabethton Star reported on a civil rights lawsuit filed by Carter County residents Gary Fritts and Cynthia Fritts against the Carter County Sheriff’s Department and a couple of its deputies.

Since that article, the plaintiffs in the case have amended their original complaint. Originally, Fritts’ complaint, which was filed on Oct. 23, named Carter County Sheriff deputies Johnathan Simerly and Michael Malone as defendants. The newly filed and amended complaint now names deputy Mark McClain as a defendant instead of Malone, who was misidentified as the officer who assisted Simerly during an arrest in August that led to the lawsuit. It was, according to court documents, McClain who assisted Simerly in arresting Gary Fritts. The lawsuit also names the Carter County Sheriff’s Department and Carter County as defendants. The amended complaint was filed on Nov. 7.

In Fritts’ complaint that was filed with United States Eastern District Court of Tennessee, he claims that during his August arrest that Simerly and McClain allegedly violated his “clearly established constitutional rights to be free from fear, danger, and intimidation as guaranteed by the First, Fourth, and Fourteenth Amendments to the United States Constitution.”

The complaint also claims that the defendants violated Fritts’ right to due process of law as well as his freedom from unreasonable search, seizure, and arrest, warrantless entry, and excessive force. Fritts is also suing the defendants for counts of false arrest, false imprisonment, infliction of emotional distress, and trespassing.

The suit was filed following an arrest on Aug. 25, 2017, when Simerly and deputy Mark McClain responded to a call at Fritts’ residence at 130 Sunshine Lane in Elizabethton. Fritts was arrested and charged with two counts of aggravated assault and resisting a stop/frisk. The charges of aggravated assault were dropped, however, a grand jury indicted Fritts on charges of retaliation for past action (Class E Felony) and resisting arrest (Class B Misdemeanor) on Sept. 4, 2018. Fritts was charged with retaliation for past action for allegedly threatening to shoot Simerly and McClain as well as two other individuals while being transported to the Carter County Detention Facility.

Fritts’ arrest followed an incident between Fritts and an owner of a local plumbing company. According to Fritts, the owner, after he and Fritts had an argument about repairs made at Fritts’ home, allegedly traveled past Fritts at a high rate of speed in his van at Fritts’ residence at 130 Sunshine Lane in Elizabethton. Fritts claims that out of fear, he drew a handgun and held it to his side. Later that day, deputies visited Fritts’ home after calls of an individual pulling a gun on someone. The deputies’ visit would lead to Fritts’ arrest and above-mentioned charges.

Fritts, who claims to be a heart patient, says that during his August arrest the above-mentioned deputies allegedly attacked him while also denying him his heart medicine, nitroglycerine, inside his residence.

In the defendants’ response, the deputies deny attacking Fritts and said they do not recall hearing Fritts asking for his medication but do remember Fritts allegedly calling for his wife, Cythinia, to “shoot these mother f-ckers,” while the deputies and Fritts struggled on the ground.

Fritts also said that he was allegedly mistreated and again denied his medication during his transport to and during his stay at the Carter County Correctional Facility. The deputies also denied any mistreatment or the denying of medication during Fritts’ transportation. The deputies do claim that Fritts allegedly made threats to shoot both deputies and another individual and that person’s son while in transport.

The Fritts are being represented by Ursula Bailey and are seeking compensatory damages for both Gary and Cynthia.

Deputies Simerly and McClain, the Carter County Sheriff’s Department, and Carter County are being represented by Attorney Jeffrey M. Ward.