The man accused of killing a Blount County deputy and injuring another has filed a lawsuit against the county, the sheriff and deputies for excessive use of force.
Kenneth DeHart filed the lawsuit on Friday, one day before the one year anniversary of the deadly shooting when police say he shot and killed Deputy Greg McCowan and injured Deputy Shelby Eggers.
DeHart is seeking punitive and compensatory damages of up to $3 million for excessive use of force after he was arrested and transferred to Blount County Sheriff’s Office custody.
According to the lawsuit, Eggers and McCowan used excessive force when they deployed a taser after DeHart denied search of his vehicle.
DeHart was pulled over on the evening of Feb. 8, 2024 after police said Eggers witnessed DeHart driving erratically and crossing the center line multiple times. DeHart said he was coming back from his son’s basketball game in Gatlinburg when he was pulled over.
Police said Deputy Eggers reported smelling marijuana coming from the car and asked DeHart to exit the vehicle. He refused to do so and asked for a drug-sniffing dog to be brought to the scene, but Eggers said one was not coming to do a smell search.
Once Eggers called for backup, McCowan arrived. Just minutes later, the three were wrestling to remove DeHart from the vehicle when, according to the lawsuit, DeHart feared for his life and fired his gun, which resulted in McCowan’s death and injuries to Eggers.
According to the lawsuit, DeHart experienced excruciating pain and disorientation as a result of shots being fired and suffered trauma from his arrest at a home on Linden Avenue in Knoxville on February 13th.
The lawsuit goes on to bring into question his exchange from Knox County custody to Blount County custody along Alcoa Highway.
The lawsuit states deputies held DeHart on the ground as two deputies kneeled on him as he screamed in pain. The lawsuit goes on to state that deputies were informed to form a wall, conceivably blocking the public’s view from what was happening.
Eventually the lawsuit cites a visible head wound on DeHart after the exchange that was not visible when he was in Knox County custody.
Lastly, the lawsuit says DeHart’s treatment when he arrived for booking in Blount County and then admittance to Loudon County where he was being held. According to the lawsuit, the Loudon County Jail’s medical team documented a left eye scrape, multiple other bruised areas on his forehead, scalp, and both wrists, as well as left elbow bruising and bruises on his torso.
The lawsuit goes on to say the department failed to adequately equip and prepare deputies for the situation.
Blount County, the sheriff’s office, Sheriff James Lee Berrong, and multiple other deputies were named in the lawsuit.
DeHart is seeking a jury trial and his trial date in the shooting death of Deputy McCowan is set for April 2026. Prosecutors are seeking the death penalty.
