Horry County man injured by unauthorized police chokehold, lawsuit alleges
An Horry County man was injured when police officers put him in a chokehold in an unauthorized use of force, a new lawsuit claims.
On Aug. 2, 2023, Horry County police responded to a report of criminal activity at 1780 S. Highway 701 in Loris.
Mont NeSmith, the lawsuit’s plaintiff, refused to leave the property, after which police called in backup and forced their way in, using tear gas and shooting NeSmith with rubber bullets, the lawsuit claims. They then placed him in an “unlawful” chokehold that left him with long-term injuries, according to the lawsuit.
The lawsuit was filed on Friday in Horry County against Horry County and the Horry County Police Department.
A spokesperson for Horry County did not immediately respond to a message requesting comment prior to publication.
NeSmith was charged with second-degree domestic violence, and was indicted in July 2024. His case is still pending.
Officers said at the time that NeSmith appeared inebriated and was threatening others in the home, including four juveniles. Police claimed that NeSmith refused to open the door for them, and the situation lasted two hours, during which they were able to extract the other people from the house and arrest NeSmith.
NeSmith was slammed into his television and the ground while in the chokehold, the lawsuit says, which led to him experiencing pain in his neck, back and legs over two months later. He took these complaints to a doctor on Oct. 14, 2023, who conducted an MRI and “discovered numerous issues” with his spine.
The lawsuit states that NeSmith did not experience any other trauma that would have caused the “serious injuries.” These injuries have caused NeSmith to experience pain and undergo “several serious medical procedures,” according to the lawsuit.
It is unclear in the lawsuit what the nature of the injuries or procedures were.
The lawsuit alleges that a chokehold like the one that injured NeSmith is not allowed except in cases where deadly force is authorized. During the incident, the lawsuit claims deadly force was not authorized, making the chokehold unlawful.
This story was originally published September 2, 2025 at 5:00 AM.
