What began as a trip to the Dairy Queen last year ended in a tasing for a Monterey man.

Now, he’s suing the town, police chief, an officer and three other Monterey citizens.

According to the lawsuit — filed Sept. 26 with the Putnam County Circuit Court Clerk’s Office — Carl Bohannon of Homerun Drive had been sitting in his car at the Monterey Dairy Queen on Sept. 26, 2013, talking on his phone when another car “came speeding” into the parking lot.

In that car were Monterey residents Jason Davidson, Jacob Cross and Amanda Matheney, who allegedly hit Bohannon’s car, causing the driver’s side rearview mirror to break.

Bohannon alleges that when he confronted them, Davidson and Cross got out of the car and “started violently attacking” him while Matheney “encouraged the assault.”

The lawsuit says Bohannon “did not respond with any physical aggression” and that Davidson, Cross and Matheney left him and pulled up to the drive-through window.

Bohannon said he walked to the car and told them they could not leave until police arrived, at which point the three allegedly got out, with Davidson and Cross assaulting him again.

“After several moments, the defendants abruptly stopped assailing (Bohannon) and stepped away from him,” the lawsuit says.

“At this time, the plaintiff was lying on his stomach, and he tried to get up.”

Bohannon claims he then felt “sharp pains” in his back and fell to the pavement after Monterey Police Officer Donathan Durham deployed his taser.

He said he was handcuffed and given the option of going to jail or the hospital.

The lawsuit goes on to allege that Durham told Bohannon that “if he will refuse medical treatment, all of this will go away,” after which Bohannon “tried to explain… who he was” and asked Durham to call MPD Officer Mike Phillips.

Phillips then went to the hospital and drove Bohannon home after he refused medical treatment, according to the lawsuit.

Exactly one year after the incident occurred, Bohannon named Davidson, Cross and Matheney, along with the Town of Monterey, Police Chief Bill Randolph and Officer Durham, in a lawsuit, claiming the “actions and inactions” of the defendants caused him to “suffer constitutional violations.”

The lawsuit says, “Specifically, the defendants operated to violate Carl Bohannon’s right to not be subjected to excessive force…, (his) right to not be summarily punished without due process of law… and (his) right to be accorded equal protection under the laws as guaranteed… under the Fourteenth Amendment.”

Bohannon claims Officer Durham “committed excessive force” against him without cause.

He alleges Chief Randolph was “acting in a supervisory capacity” and “failed to remedy a continuing and egregious wrong after learning about it.”

As for the town, Bohannon alleges “the acts, omissions and conduct… constitute assault, battery and negligence under the laws of the State of Tennessee.”

His claims that Monterey “should be held liable for all said torts as the individual defendants were acting in the course and scope of their employment… and their actions were foreseeable.”

The lawsuit goes on to say the town has not waived immunity under the Tennessee Governmental Tort Liability Act, which includes but is not limited to “negligent hiring, negligent infliction of emotional distress, assault and battery.”

Bohannon is seeking a jury trial as well as punitive damages not to exceed $500,000 and compensatory damages not to exceed $350,000.

Chief Randolph, who spoke with the Herald-Citizen, said he stands behind Durham and his use of the taser.

“I think the officer was justified in what he did,” he said.

“This is basically a lawsuit over the use of the taser and the lack of training for (it). But the officer who used the taser had just gotten recertified and been through training three weeks prior to this incident.” Randolph went on to note Durham’s many years of service.

g“He’s a veteran officer — he’s been in law enforcement for 20 years or better — and I stand behind his decision to use (the taser),” he said. “I’m not going to second guess it.”