UPDATE: A man seen being punched and kicked by a Hamilton County deputy in a viral video is now suing the deputy and the sheriff's office.

Charles Toney is asking a federal jury to award him $750,000 saying his civil rights were violated on December 3, 2018.

Toney was in handcuffs and being arrested during a warrant roundup on December 3, 2018 when the video was taken showing HCSO Deputy Blake Kilpatrick punching and kicking him.

Kilpatrick wrote in an arrest report Toney was resisting arrest and would not comply with orders and bit his finger.

The charges against Toney were later dropped.

Toney's 17 page federal lawsuit, filed Monday, accuses Kilpatrick, Sheriff Jim Hammond, the Hamilton County Sheriff's Office and the other unnamed officers seen in the video of using unnecessary excessive force, assault and batter and municipal liability.

The lawsuit also mentions three prior lawsuits involving Kilpatrick, including two in federal court.

One suit was filed in 2013 and accused Kilpatrick of striking a man repeatedly in the head requiring six staples.

Another lawsuit was filed last year in an officer involved shooting that killed Christopher Sexton.

Toney's lawsuit does not include to outcomes of the prior lawsuits mentioned.

Channel 3 requested Kilpatrick's personnel file from HCSO last year, but was told his file is confidential because of his assignment with the Fugitive Division.

One year later, an HCSO spokesperson tells Channel 3 Kilpatrick remains on paid leave with the criminal and internal affairs investigations still open.

Kilpatrick and the rest of those named in the lawsuit have 60 days to answer the complaint.

If they don't, a judgment will be entered in default.

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PREVIOUS UPDATE: On Monday, Charles Toney filed a federal lawsuit against the Hamilton County Sheriff's Office over a cell photo video showed Toney being punched and kicked by a Hamilton County Sheriff's detective while he was in handcuffs in December 2018.

There are three counts to the lawsuit, so Toney and his legal team are asking for at least $250,000.00 each count, with a total of $750,000.00 in damages.


PREVIOUS STORY: Tuesday, criminal charges against Charles Toney were dropped, over a week after cell phone video showed Toney being punched and kicked by a Hamilton County Sheriff's detective while he was in handcuffs.

Prosecutors dropped the charges against Toney for assault, tampering with evidence, and resisting arrest.

Dr. Elenora Woods, president of the Hamilton County/Chattanooga NAACP, said the decision to drop the charges against Toney is a step in the right direction; but, the local NAACP is still calling for the officer involved, Blake Kilpatrick, to be fired.

"I was elated,” Dr. Woods says. “As we stated earlier, I expect nothing but honesty, and I expect for them to do this investigation fair."

At a news conference last week, Toney's lawyer Lee Merritt, a prominent civil rights attorney, called for the charges to be dropped.

In a statement, he said they are still calling for Kilpatrick, who is on desk duty, and all officers who participated or failed to intervene to be fired and charged criminally.

Dr. Woods agrees, "I'm angry. It's raging inside of me. But I also know, being the person that I am, that things have to be carefully sorted out."

The video has also sparked outcry from several local activists. Dr. Woods said it's important for their voices to be hear and wants to assure everyone that this case won't be forgotten.

"Definitely continue to let their voices be heard, but do it safely and do it lawfully," Dr. Woods says.

Dr. Woods wants other deputies to learn from this and plans to propose policy changes to the Hamilton County Commission. She is calling on the county to add more African Americans to the force.

Toney still faces a drug possession charge. He goes to court on that charge in February.

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