The Town of Ehrhardt and Police Chief James “Jim” A. Preacher has filed for a motion for dismissal of a civil lawsuit against them by a computer systems installer named Scott Mocan who was stunned by a Taser gun by Preacher during an altercation at Ehrhardt Town Hall on August 18.

There was a confrontation between Mocan and Preacher on August 18 when Mocan went to Ehrhardt Town Hall to collect payment for work he performed on August 8 for the Town of Ehrhardt. Preacher said Mocan became upset when he was questioned by Town Clerk Theresa Smith concerning the difference in the price that was quoted and what he was charging.

According to Preacher, Mocan then became agitated and threatened to disable the computer system’s internet he had installed for the Town.

“I then told Mocan he was under arrest for breach of peace and that is when I tasered him because he was resisting arrest,” said Preacher. “There were three civilians in the town’s office at the time and I feared for their safety and mine. A police officer has the right to use whatever is necessary to make an arrest when conditions warrant the need.”

Mocan, of Berkeley County is an independent contractor for Insight Satellite Inc. and has accused Preacher of, violation of his First Amendment-right to exercise free speech and Fourth Amendment-right of freedom from unreasonable seizure, assault and battery, false imprisonment, and abuse of process.

The plea for dismissal from the lawsuit claims the town cannot be sued because the South Carolina Tort Claims Act states charges of assault and battery, false imprisonment or abuse of process cannot be brought against a municipality (Town of Ehrhardt).

The Code of Laws of South Carolina 15-78-60 (17) states a municipality cannot be held liable for a law enforcement officer’s actions such as Police Chief Preacher in tasering and arresting the plaintiff (Scott Mocan).

They also claim that Preacher acted with reasonable force, to restrain and arrest Mocan for probable cause in response to his threatening remarks and gestures and erratic behavior, stating his intention of disconnecting internet service which would have disrupted police department activities.

The defendants also deny that Preacher, an employee of the town, was involved in battery against Mocan and claims the arrest and charge were based on probable cause and state that Mocan was tasered only after he resisted arrest.

The defendants claim Mocan was allowed to reduce his bond from $150 to $50. Mocan then apologized to Theresa Smith, the town clerk. He was then paid for his services and allowed to leave.

The defendants deny that Preacher violated any of Mocan’s civil rights.