Last year in February, Tabitha Marie Smith passed away after drowning in the back of a police vehicle while handcuffed and in the custody of Meigs County Deputy Robert John “RJ” Leonard. Now, Smith’s family is seeking $100 million in damages in a new wrongful death suit.

The family says that Smith’s 4th and 14th Amendment rights were violated while in custody as she drowned in the water at the end of Blythe Ferry Lane. The new complaint includes new details as well as allegations that the deputy was driving over 100 mph before arresting Smith and even texted his wife just before his car hit the waters.

Brian Hoss, a Chattanooga attorney, will represent Leonard and his estate, while David Ward and Alix Michel will represent Meigs County. Ward indicated that they are going to file a motion for case dismissal.