Felon Johnathan Fenn wants to have another day in court and $3.8 million to go with it.

The Atlanta resident was sentenced to 25 years in prison for his part as get-away driver in a 2006 drug deal in Tyrone that injured two motorists he ran off the road when fleeing from officers.

Now Fenn wants to be on the other side in the courtroom. Fenn, acting as his own attorney, filed suit in federal court, citing 19 members of Fayette Sheriff’s Office and Drug Task Force (DTF), Tyrone Police, District Attorney Scott Ballard, three Georgia Bureau of Investigation (GBI) agents, three doctors and even his own attorney in the 2007 court case.

Fenn is alleging a host of felonious acts by the defendants related to his plea, such as use of excessive deadly force, conspiracy to obstruct justice, extortion, racial profiling, theft, selective prosecution and medical negligence and malpractice.

Fenn was involved in an August 2006 incident outside the Publix grocery store on Ga. Highway 74 in Tyrone. Fenn was one of four men involved in a drug deal involving 50 pounds of marijuana with DTF undercover agents.

As the driver of the vehicle, Fenn attempted to run down several deputies in the parking lot and hit a patrol vehicle. He was shot as agents opened fire.

Fenn evaded officers and drove the vehicle north on Hwy. 74 into Fulton County, striking a car in Fairburn. The occupants of the vehicle required hospitalization.

Responding to the suit, Ballard said that since the litigation was ongoing he did not feel it appropriate to respond to specific charges. Ballard did note the susceptibility to litigation that comes with his job.

“In this job defendants regularly sue me,” Ballard said. “I don’t think you can competently do this job without facing a lawsuit. I think this is an example of exactly that.”

Fenn, during court proceedings in March 2007, pleaded guilty to criminal attempt to traffick marijuana, three counts of aggravated assault, theft by receiving stolen property, possession of a motor vehicle with a removed or altered identification, fleeing and attempting to elude a police officer and reckless driving.

He was sentenced to 25 years in prison by Superior Court Judge Johnnie L. Caldwell, Jr.

In his subsequent federal suit filed in July and amended in September, Fenn claims that defendants collectively conspired against him, wrongly charging him with aggravated assault on the officers that shot him and with criminal attempt to traffick marijuana.

Fenn claims he never took possession of any drugs, never saw any marijuana and that there was no transaction with undercover agents.

He claims misuse of force, extortion and theft, excessive and deadly use of force, conspiracy to obstruct justice, selective prosecution, cruel and unusual punishment and denial of due process by a multitude of those with Fayette County law enforcement, the district attorney and three GBI agents, medical malpractice by three doctors at Atlanta Medical Center and his attorney in the 2007 court case.

“Defendants acted reckless in a Publix parking lot in plain disregard of the law — with requisite specific intent to do what the law forbids, and their actions amounted to clearly unreasonable and unnecessary excessive use of force,” Fenn said in the suit, adding that he was unarmed when being shot multiple times and in a coma for three days.

Fenn in his complaint is asking for a total of $3.8 million, including $1.25 million in compensatory damages from the numerous Fayette County law enforcement officers mentioned in the suit, the district attorney and his previous attorney, a total of $2.25 million in punitive damages from several Fayette County law enforcement officers and the district attorney and a total of $300,000 from the three Atlanta Medical Center doctors.

The suit claims that Fenn’s 4th, 5th, 6th and 14th Amendment rights were violated. Falling substantially along racial lines, Fenn claims that defendants in supervisory positions had informants “travel out of their jurisdiction with no probably cause or reasonable cause to black neighborhoods and places of business, to initiate the commission, then lured them to Fayette County, to be extorted of their property and money, then punished by their government. The defendants' illegal conduct in regards to ‘Buy-Bust’ and ‘Reverse’ sting operation, to incarcerate African American that have no social or criminal ties to their community is motivated by racially discriminatory animus.”

Fenn goes on to claim that Fayette County government instituted a conspiracy, either directly or indirectly, violating his right to equal protection under the law. He also claims that Ann Shafer, his attorney in his 2007 case, conspired with defendants to scare, influence and coerce him to plead guilty to the criminal charges.

Other charges in the suit include numerous inappropriate conditions at the Fayette County Jail infirmary and, relating to three doctors at Atlanta Medical Center, “inexcusable negligence, medical malpractice and deliberate indifference toward allowing the lead (bullet) fragments to remain” in his body and critically exposing him to lead toxicity.