Former Metro fire captain awarded $1.7 million in federal free speech lawsuit

• A federal jury has ruled in favor of former Metro fire captain Tracy Turner, awarding him $1.7 million in damages in a First Amendment lawsuit.
• Turner was demoted in 2020 for social media posts criticizing protesters following George Floyd’s murder, calling them “the stupidest people on the planet.”
• The Nashville Metro Council previously rejected a proposed $105,000 settlement, instead opting to take a chance in the 6th U.S. Circuit Court of Appeals.

A federal jury on Friday returned a verdict in favor of a former Metro fire captain — and awarded him $1.7 million in damages — in a First Amendment lawsuit, about a year after the Nashville Metro Council soundly rejected a proposal to settle the litigation for just a fraction of that total.

According to a news release from attorney Larry Crain, former Metro fire captain Tracy Turner prevailed in the case after the court found, “as a matter of law,” that Turner’s political comments on social media were entitled to full constitutional protection.

Turner had been demoted from his rank in 2020 after posting comments about people protesting police brutality and the murder of George Floyd on his Facebook account, calling them “the stupidest people on the planet.” He also referred to Black Lives Matter supporters as “thugs.”

“This is an important vindication of a public employee’s freedom to exercise their right of free speech,” Crain said in the release. “We should never tolerate government retaliation against an employee for speaking out on a matter of inherent public concern.”

Turner sued Metro in 2021, arguing that his demotion was retaliation for exercising his First Amendment right to “political expression as a private citizen.” Three years later, the Metro Council voted 31-0 against adopting a resolution that would’ve settled the case for just $105,000.

At the time, council members reasoned that moving forward with the legal battle would better define the lines for government employee social media policy, protect public trust in government services, and make a stand against government employees disparaging the residents they serve.

Metro Director of Law Wally Dietz warned at the time that taking a chance in front of the 6th U.S. Circuit Court of Appeals would be “a crapshoot,” depending on judges’ subjective interpretations. As of Saturday, it’s not yet clear what will happen from here from Metro Legal’s perspective.