Lead counsel, David Raybin was interviewed by Nashville media in response to statements made by a Tennessee Department of Corrections’ spokesperson who said “there were no violations of policy” regarding the inmate’s cell extraction. Prison officials had previously reported that the 33 year old Toll had died of natural causes, but the State Medical Examiner ruled the death a homicide. The inmate was believed to have died from “suffocation” and “asphyxia during physical restraint.” The Complaint alleges Civil Rights violations actionable under Section 1983.
The Complaint alleges, in part:
“The Cell Extraction Team Defendants, clad in black riot gear-style uniforms and armed with Taser guns and a Taser shield, opened Charles Toll’s cell, shackled him, and dragged him out with his face on the ground. Toll repeatedly told the Cell Extraction Team Defendants that he could not breathe while they were holding him down with the Taser shield. Despite being told by Toll that he could not breathe, the Cell Extraction Team Defendants did not relent but instead increased the ferocity of their sadistic attack.
The Cell Extraction Team Defendants used a Taser devise to repeatedly shock Toll with electricity. They then dragged him facedown out of the pod and into the prison “yard,” with a deliberate intent to escape the view of other inmates. The Cell Extraction Team Defendants sadistically and maliciously pressed a Taser shield on Charles Toll’s back for more than ten minutes while several members sat on the Taser shield, electrocuting and suffocating him.
As a result of the Cell Extraction Team Defendants sitting on him for approximately ten minutes and giving him Taser shocks, Charles Toll exhibited audible gasping and labored, irregular breathing for several minutes before becoming unresponsive. As a result of the assault by the Cell Extraction Team Defendants, Charles Toll sustained numerous abrasions to his face, knees, and wrists, and ultimately suffered an excruciating death.”