Lisa Marchesoni
Posted: Tuesday, February 23, 2010 3:34 pm

A Murfreesboro father and son seek $1.5 million in damages from Murfreesboro Police after they were arrested when officers responded to the wrong apartment.

Father Roger F. Chilton and his son, Justin, seek the damages in a federal lawsuit filed last week in U.S. District Court in Nashville. They filed the lawsuit against the city of Murfreesboro, Murfreesboro Police Department, Officers Carl Watts, Matthew Garrett and Bradley Premo and dispatcher Desir Thorpe. They asked for a jury to try the case.

They allege police assaulted them, used unlawful force and were negligent. They accused the officers of intentionally inflicting emotional distress and imprisoning them.

Murfreesboro Police spokesman Kyle Evans said he could not comment about a pending lawsuit.

District Judge William J. Haynes Jr. set an initial case management conference April 12 to discuss the case with both parties.

The father and son were charged in connection with the call. Justin Chilton was charged with two counts of aggravated assault with a weapon, carrying a weapon while under the influence and consumption of alcohol under age 21. His father was charged with resisting arrest.

Trial was set for Wednesday but was continued. The Chiltons stated they did not commit those crimes.

The lawsuit stated Thorpe dispatched Garrett and Premo to Campus Crossing South, instead of Campus Crossing North, to do a welfare check on the residents at Apartment 304 about 3:30 a.m. Feb. 22, 2009.

Justin Chilton asked the people knocking at the door to identify themselves but said they did not respond.

At the time, Evans said the officers reported they heard a clicking sound and heard a male voice order them to step away from the door. They identified themselves again and were again told to step away.

“As the door opened, the officers observed a handgun pointing out the door opening and the door suddenly slamming shut,” Evans said. “Within seconds, Officer Premo observed a handgun being tossed into the hallway and Roger Chilton stepping into the hallway. Both Justin Chilton and Roger Chilton were taken into custody.”

The lawsuit stated officers became aware they went to the wrong address but continued to imprison the Chiltons and falsely charged them with crimes.

Both father and son accused the officers of using more force than was reasonably necessary, causing them to suffer severe emotional distress and personal injuries. They also asked for attorneys’ fees and bail bond fees.

They accused negligence by Thorpe failing to give officers the right address and the officers of not taking reasonable action after learning of wrong address.

Regarding the intentional infliction of emotional distress, the Chiltons accused the officers of outrageous conduct causing them to suffered personal injuries, mental pain and suffering.

The officers falsely imprisoned the Chiltons by restraining them without cause or a warrant, the lawsuit stated. Both father and son contend the officers violated their 14th Amendment rights by arresting them without probable cause and used unnecessary force.

“The actions of defendants, as described above, constitute extreme and outrageous conduct,” the lawsuit stated. “The conduct goes beyond the bounds of decency and is considered atrocious and utterly intolerable in a civilized community. This behavior is such that it would cause the average member of a community to immediately react in outrage.”

After the call, the Chiltons filed a complaint with Murfreesboro Police. An internal investigation led to discipline against Thorpe and Watts.

Thorpe, who made a mistake and entered the wrong address of 304 Campus Crossing South into the dispatch system, was suspended five days.

Watts, who used offensive language when speaking with Meredith Harrington inside the apartment, was suspended five day without pay.