Lawsuit alleges wrongful death in West TN traffic stop
FROM DRS LAW:
UPDATE: Lawyer talks wrongful death lawsuit against police officers, Henry County
DRS Law Announces Filing of Federal Civil Rights Lawsuit Alleging Wrongful Death of Daniel Russell
📸: Daniel Russell, deceased. His family has filed an excessive force lawsuit in Tennessee (DRS Law)
Excessive Force Lawsuit Filed
DRS Law announces the filing of a federal civil rights lawsuit in the United States District Court for the Western District of Tennessee on behalf of B.R., the surviving minor child of Daniel Russell. The Complaint alleges that Mr. Russell’s death on April 20, 2024, resulted from unconstitutional actions by law enforcement officers and Henry County, Tennessee.
Summary of Allegations
According to the Complaint, law enforcement officers initiated a pursuit of Daniel Russell for alleged erratic driving and escalated the situation by attempting to box in his vehicle, despite Mr. Russell traveling at a low speed. The Complaint further alleges that after Mr. Russell’s vehicle was stopped, officers exited their vehicles with firearms drawn and immediately treated him as a violent threat, even though he was unarmed and showed no aggression.
The Complaint states that Mr. Russell exited his vehicle with his hands raised, but officers shouted aggressive commands and demanded he lie prone without giving him adequate time or opportunity to comply. When Mr. Russell sat or kneeled on the ground, officers allegedly deployed a Taser prematurely and without exhausting less intrusive means. After the Taser proved ineffective, the Complaint alleges that force was escalated with the use of pepper spray and further physical restraint, despite Mr. Russell’s apparent confusion and impairment.
The Complaint goes on to allege that officers physically restrained Mr. Russell in a prone position, applying pressure to his back—a tactic the Complaint claims is known to risk positional asphyxia. Mr. Russell, while facedown, repeatedly stated that he had heart problems and was unable to comply due to impairment, yet the officers continued to use force rather than adjust their tactics in light of his medical and mental state.
The Complaint also includes the following bodycamera footage as Exhibit B to the lawsuit. Viewer discretion is advised:
The Complaint asserts that after Mr. Russell was fully restrained, officers failed to immediately check his vital signs or reposition him, instead focusing on moving him to a patrol car. Within minutes, Mr. Russell became unresponsive, and officers administered Narcan under the mistaken belief of an opioid overdose, but did not initiate CPR or proper airway management. The Complaint states that EMS transported Mr. Russell to the hospital, where he was pronounced dead. The autopsy, attached to the Complaint, concluded that the manner of death was “homicide” and the cause was “cardiopulmonary arrest during law enforcement subdual and restraint with back compression”.
Defendants Named in the Complaint
The Complaint names as defendants:
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Henry County, Tennessee (for alleged municipal liability and failure to train)
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Individual law enforcement officers in their official and/or individual capacities (names omitted here per request).
Legal Claims in the Complaint
The Complaint asserts the following causes of action:
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Excessive force in violation of the Fourth and Fourteenth Amendments
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Deliberate indifference to serious medical needs
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Failure to intervene to prevent constitutional violations
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Municipal liability against Henry County for alleged failure to train officers on the dangers of positional asphyxia
Damages Sought
The Complaint seeks compensatory and punitive damages for:
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Pre-death pain and suffering of Daniel Russell
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Emotional distress, loss of companionship, and financial support for B.R.
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Funeral and burial expenses
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Attorneys’ fees and costs
Purpose of the Lawsuit
According to the Complaint, DRS Law seeks justice for the surviving child of Daniel Russell and accountability for the law enforcement practices that allegedly led to his death. The Complaint further alleges that Henry County’s failure to properly train its officers on the risks of positional asphyxia was a direct cause of Mr. Russell’s death
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