The first two claims allege violations of the federal constitution by former Scotland Neck Police Officer John P. Turner and the town.

Turner has already entered a plea in the state court to misdemeanor assault inflicting serious injury.

He received a 30-day sentence, which was suspended for 18 months of unsupervised probation.

He was ordered to pay costs but the restitution will be a civil judgment of $284.78 to Gladys Freeman, the plaintiff in the federal case, and $220 to Anthony’s estate. That judgment was ordered last Tuesday.

Remaining claims

In the federal suit, claims three through six, respectively, involve common law assault, common law battery, common law gross negligence and common law negligence by Turner.

The seventh claim involves violations of the state constitution by Turner and the town while the eighth involves negligent hiring and supervision by the town.

The lawsuit, filed in the North Carolina Eastern District Court in Raleigh, claims that the death of Anthony was caused by gross negligence of Turner. “Defendant Turner’s conduct was willful and wanton in that he intentionally failed to carry out his duty as a law enforcement officer to use reasonable force under the circumstances.”

The suit says he acted in conscious or reckless indifference for the rights and safety of Anthony and that he acted with malice by using the Taser on Anthony in a manner that caused his death.

Turner, the suit says, was substantially certain that his misconduct would cause serious injury or death to another.

Common law negligence

In the common law negligence claim, the suit says Turner failed to act reasonably and responsibly by acting in a way that could cause Anthony’s death.

By tasing Anthony in a way that caused his death, Turner failed to act as a reasonable and prudent police officer would by taking actions that endangered the man.

The suit says that Turner, “Failed to follow established and widely recognized law enforcement policies and procedures with regard to the handling of persons similarly situated as Mr. Anthony.”

Negligent supervision

The suit alleges in the negligent supervision portion, “Defendant town had a duty to exercise care in the hiring of its agents, servants and … employees, including, but not limited to the police officers of the Scotland Neck Police Department.”

The suit says Turner was inexperienced for the work he was doing in that he lacked the requisite skill and training.

Scotland Neck, the lawsuit says, failed to hire competent officers to protect the public; failed to hire officers adequately trained in lawful stop and seizures; failed to hire officers adequately trained in the use of Taser X26 weapons and failed to ensure that officers did not use excessive force against individuals in violation of their Fourth Amendment rights.

Town policy

The town, the suit says, has a policy requiring newly hired officers to be supervised by an experienced officer in order to prevent this type of thing from happening. “A policy requiring newly hired officers to be supervised at all times evidences a constructive notice to Defendant Town that Defendant Turner and any other newly hired officer would be incompetent to handle emergency situations on their own.

“Defendant Town is liable for the injuries sustained by Mr. Anthony because Defendant Town knew prior to hiring Defendant Turner, or in the exercise of reasonable care should have known that Defendant Turner was a person of violent and dangerous disposition and disposed to assaulting members of the public with whom Defendant Turner came in contact.”

The lawsuit continues, “During all of the time Defendant Turner was employed by Defendant Town, Defendant Turner exhibited a violent and dangerous disposition. Under the circumstances, Defendant Town was negligent in hiring and continuing to employ Defendant Turner and in not ordering him to cease and desist from the making of threats and other acts of temper in time to avoid the assault on Mr. Anthony.

“As a direct and proximate result of Defendant Town’s negligent hiring and supervision of Defendant Turner, Mr. Anthony suffered painful injuries that resulted in his death.”

The suit says the plaintiff is entitled to recover relief and compensatory and punitive damages to be determined at the time of trial.