A viral video from a North Carolina landfill has led to a lawsuit.
The footage posted online shows a group yelling profanities at Joseph Joines, a truck driver from Maryland, who was dropping off debris at TBD Landfill in Haywood County, N.C., court documents say.
The lawsuit filed in the U.S. District Court for the Western District of North Carolina by Joines and Angelica Hendon, a trucker from Florida, alleges Joines was physically assaulted during the ordeal by one defendant, Andrew Ferguson, a TBD Landfill employee who was brandishing a handgun.
Also named as defendants in the claim are TBD Landfill General Manager Michael Ferguson, Haywood County Sheriff Deputy Michael Buckner, Haywood County Sheriff Bill Wilke, Haywood County, Two Banks Development LLC, TBD Landfill, Wright Brothers Construction LLC and four yet-to-be identified TBD landfill employees.
Haywood County officials released a statement on the county’s website in late July, saying the location (TBD Landfill) is not owned or operated by Haywood County government, Haywood County solid waste management, the town of Clyde or Haywood County solid waste contractors (Consolidated Waste Services or Republic Services).
A chaotic scene
The lawsuit says Joines, an independent contractor for Illumine Networks, was transporting debris to TBD Landfill on June 26 as part of the Hurricane Helene cleanup efforts.
Joines arrived at approximately 5:50 a.m., unfamiliar with the staging procedure due to never previously having been to this site. He was informed at approximately 6:05 a.m. that he was staged improperly but could remain there until the gate opened in 25 minutes.
Andrew Ferguson, a TBD Landfill employee, arrived approximately 10 minutes later and “confronted and admonished” Joines for not following proper staging procedures.
Joines was told he needed to move his truck, and he complied, according to court documents. Approximately 15 minutes later, five pickup trucks blocked Joines’ truck in. He then was accused of stealing a cellphone, and a call was made to the owner of the company employing him.
Joines denied stealing the phone, and other drivers nearby corroborated his claim. He agreed to have his truck searched, and no cellphone was found.
Joines was eventually told he could move to the unloading area, and he began to unload at approximately 8:05 a.m.
Just a few minutes later, Andrew Ferguson, armed with a handgun, Michael Ferguson, Buckner and four unidentified individuals approached Joines at his truck. He attempted to drive away. The individuals chased him, with several jumping on his truck, which was traveling at less than 5 mph. The group also utilized bulldozers to jackknife Joines’ truck.
Joines was able to exit the truck and sought safety in the truck of co-worker, Hendon. Andrew Ferguson approached the driver’s side door of Hendon’s truck and pointed a handgun through the window. Joines fled Hendon’s truck and ran to another co-worker’s truck, but it was locked. He found his way to a group of co-workers who had gathered together and were recording the incident.
Court documents report Joines repeatedly said, “Please don’t shoot me.”
Joines made his way back to Hendon’s truck, where he waited until law enforcement arrived on the scene at approximately 8:40 a.m.
Joines was transported to a local hospital and treated for a concussion and other minor injuries.
The lawsuit alleges Fourth Amendment violations, civil conspiracy, assault, battery, false imprisonment and emotional distress.
A jury trial has been demanded. LL
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