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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Anas Alhams against the Metropolitan Government in the amount of $40,000.00, with said amount to be paid from the Judgments and Losses Fund.
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WHEREAS, Anas Alhams filed a lawsuit, which remains pending against Metropolitan Nashville Police Department Officer Dennis Diesel and the Metropolitan Government, alleging unlawful arrest and retaliation for protected speech, arising out of his detention by Officer Diesel on January 27, 2024; 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 Anas Alhams related to the events detailed above be compromised and settled for $40,000.00, 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 claim of Anas Alhams for the sum of $40,000.00, 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 January 27, 2024, Anas Alhams was driving a taxi on Lower Broadway when a Metropolitan Nashville Police Department (“MNPD“) officer stepped into the road in front of the taxi. The taxi swerved to avoid the officer, who shouted a warning. Mr. Alhams responded with a profanity and kept driving.
The officer caught up with Mr. Alhams a few blocks away and a verbal altercation ensued. The officer ordered Mr. Alhams out of his taxi and handcuffed him. An MNPD sergeant walked up and diffused the situation, which led to Mr. Alhams being uncuffed. Mr. Alhams was handcuffed for slightly more than four-and-a-half minutes. The officer wrote Mr. Alhams a ticket for careless driving, but did not submit the ticket for processing.
Mr. Alhams filed suit against the Metropolitan Government and the officer in his personal capacity. He brought federal claims against the MNPD officer of retaliatory arrest in violation of the First Amendment, unlawful arrest in violation of the Fourth Amendment, state claims against the MNPD officer for false arrest and false imprisonment, and municipal liability against the Metropolitan Government based on a failure to train and a custom of tolerating unconstitutional conduct.
Mr. Alhams filed a separate Office of Professional Accountability (“OPA“) complaint against the MNPD officer. The OPA investigation found the officer unnecessarily argued with Mr. Alhams and showed a lack of self-control by shouting at him. The officer also admitted in the investigation that he detained Mr. Alhams for disorderly conduct because he was annoyed with him. OPA sustained charges against the officer for deficient performance of duty and lack of knowledge of the law. The MNPD officer was suspended for three days and ordered to complete remedial legal training.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $40,000, subject to approval from the Metropolitan Council. The Department of Law believes that resolution of this case would avoid accruing attorney’s fees for Mr. Alhams‘ counsel and the officer’s private counsel. The Department of Law recommends settlement of Mr. Alhams‘ claim for $40,000.
Fiscal Note: The total settlement amount is $40,000. This settlement along with Resolution No. RS2025-1274 would be the 10th and 11th, after approval by the Metropolitan Council, from the Judgment and Losses Fund in FY25 for a cumulative total of $2,270,427. The fund balance would be $14,935,648 after these payments.