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A resolution authorizing the Metropolitan Department of Law to compromise and settle the civil rights claims of Alan Dosky against the Metropolitan Government of Nashville and Davidson County, in the amount of $70,000.00, with said amount to be paid out of the Judgments and Losses Fund.
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WHEREAS, on September 25, 2023, Alan Dosky was arrested and subsequently expelled from John Overton High School after calling 911 to report what he believed may have been an active shooter in the school; and,
WHEREAS, Mr. Dosky’s 911 call followed an initial 911 call that was determined to be a hoax; and,
WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government and recommends that any and all claims or causes of action brought or that could have been brought by Alan Dosky related to the events detailed above be compromised and settled for $70,000.00, and that this amount be paid from the Judgments and Losses Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to compromise and settle the civil rights claims of Alan Dosky for the sum of $70,000.00, with said amount to be paid from the Judgments and Losses Fund.
Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
On September 23, 2023, a student at John Overton High School placed a hoax 911 call that led to a school lockdown. A second 911 call was placed by a friend of Alan Dosky, the plaintiff in the case, and Mr. Dosky spoke with dispatch. Mr. Dosky claimed that the second call occurred because he and his friend believed an active shooter was in the school. A Metropolitan Nashville Police Department (“MNPD”) lieutenant arrived at the school to investigate and instructed officers to arrest Mr. Dosky without investigating the second phone call. Mr. Dosky was handcuffed, taken to juvenile detention, and later released after authorities realized he had not placed the hoax call. The John Overton High School principal expelled Mr. Dosky without discussing the incident with the student, claiming that calling 911 after police had arrived caused a serious disruption and was against school policy. The expulsion was later rescinded, but the incident is still reflected in Mr. Dosky’s MNPS file.
Mr. Dosky filed suit alleging false arrest and due process violations against the Metropolitan Government, the individual MNPD lieutenant, and the individual MNPS principal. The MNPD lieutenant was issued a three-day suspension. A conflict exists as a result of the suspension, therefore the MNPD lieutenant is represented by outside counsel in the lawsuit. The cost of outside counsel, to be paid for by the Metropolitan Government, would likely far outweigh the proposed settlement if this lawsuit proceeded to trial.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $70,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Mr. Dosky’s claims for $70,000.
The MNPD lieutenant involved in this matter received a three-day suspension.
Fiscal Note: The total settlement amount is $70,000. This settlement would be the 1st payment, after approval by Metropolitan Council, from the Judgment and Losses Fund in FY26 for a cumulative total of $70,000. The fund balance would be $16,143,632 after this payment.