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File #: RS2025-1274   
Type: Resolution Status: Passed
File created: 5/22/2025 In control: Metropolitan Council
On agenda: 6/3/2025 Final action: 6/3/2025
Title: A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Deana Watson, as Independent Administrator of the Estate of Claude Garrett, against the Metropolitan Government's former employees in the amount of $300,000.00, with said amount to be paid from the Judgments and Losses Fund.
Sponsors: Delishia Porterfield, Quin Evans-Segall, Burkley Allen, Emily Benedict, Russ Bradford, Clay Capp, Tom Cash, Mike Cortese, Tasha Ellis, Jeff Eslick, Erin Evans, Sandy Ewing, Jennifer Gamble, Jeff Gregg, Deonte Harrell, Olivia Hill, Courtney Johnston, Joy Smith Kimbrough, Antoinette Lee, Bob Nash, Sean Parker, Jeff Preptit, John Rutherford, Sandra Sepulveda, Joy Styles, Zulfat Suara, Brandon Taylor, Kyonzte Toombs, Jennifer Webb, Sheri Weiner, Ginny Welsch, Terry Vo
Attachments: 1. Letter to Clerk Signed

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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Deana Watson, as Independent Administrator of the Estate of Claude Garrett, against the Metropolitan Government’s former employees in the amount of $300,000.00, with said amount to be paid from the Judgments and Losses Fund.

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WHEREAS, Deana Watson, as Independent Administrator of the Estate of Claude Garrett, filed a lawsuit, which remains pending against two former Metropolitan Government employees, alleging intentional infliction of emotional distress and Fourth and Fourteenth Amendment violations arising out of the convictions of Claude Garrett in 1992 and 2003 for felony murder, 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 Deana Watson, as Independent Administrator of the Estate of Claude Garrett, related to the events detailed above be compromised and settled for $300,000.00, 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 Deana Watson, as Independent Administrator of the Estate of Claude Garrett, for the sum of $300,000.00, 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 February 24, 1992, Claude Garrett and his girlfriend Laurie Lance were at their home when a fire broke out. Nashville Fire Department (“NFD”) personnel arrived to find heavy smoke and flames coming from the front door. Garrett escaped the fire and told firefighters that Lance remained in the home. NFD Captain Oddis Jenkins tried to open the door to a utility room, which had a latching mechanism and did not open easily. Lance was located inside the utility room and was carried outside, but firefighters could not find a pulse. Lance was declared dead at the hospital.

 

The Nashville Fire Marshal’s Office initially investigated the fire, and the fire investigator suspected that the fire was caused by arson. Metropolitan Nashville Police Department (“MNPD”) Detective Miller and his partner also assisted with the investigation. Neighbors and family members reported that Garrett and Lance had a contentious relationship with allegations of domestic abuse. Neighbors also reported that Garrett had behaved strangely during the fire by breaking windows. Garrett claimed he and Lance woke up to the fire and they ran to the front door together. However, Garrett claimed that instead of exiting the home, she ran to the utility room.

 

The MNPD investigation was assisted by an ATF investigator Agent Cooper. MNPD deferred to Agent Cooper’s expertise while collecting evidence and walking through the scene on the day of the fire. Agent Cooper concluded that the fire was intentionally set. Based on the evidence, the District Attorney’s Office sought and obtained a murder indictment for Garrett. Garrett was convicted, by a jury, of felony murder by arson in 1993. During post-conviction proceedings, an appellate court vacated Garrett’s conviction due to the prosecutor’s failure to disclose certain evidence to Garrett’s defense team (known as a Brady violation). Garrett was retried in 2003 and a jury convicted him of felony murder. Garrett’s appeals and initial request for post-conviction relief failed.

 

In 2023, the District Attorney’s Conviction Review Unit (“CRU”) and Garrett filed another petition for post-conviction relief. The CRU hired multiple fire experts who all agreed that investigators should have classified the cause of the fire as “undetermined,” and that the investigation did not support the finding that the fire was intentionally set. Experts also opined that the utility room door opened by Captain Jenkins was unlocked. Because the experts called into question the cause of the fire, the court granted the post-conviction petition. Garrett was released after 30 years in prison. Garrett died in October 2023, just months after his release.

 

Garrett’s daughter Deana Watson filed suit in May 2024 on his behalf against ATF Agent Cooper, the United States, two NFD firefighters, the NFD fire investigator, an MNPD supervisor, and two MNPD detectives. After two years of litigation, only four defendants remain: Agent Cooper, the United States, NFD Captain Jenkins, and MNPD Detective Miller. The other defendants were voluntarily dismissed by Watson.

 

The claims against Captain Jenkins and Detective Miller include a malicious prosecution claim under the Fourth Amendment, a due process claim under the Fourteenth Amendment, and a claim of intentional infliction of emotional distress.

 

The parties have participated in settlement negotiations and have agreed upon the settlement amount of $300,000, subject to approval from the Metropolitan Council. Due to the time since the original events, including the retirement of these individuals, as well as the evolution of fire investigation and police investigation techniques, it may be difficult for Metro to prevail at trial. The Department of Law recommends settlement of Ms. Watson’s claims for $300,000.

 

Fiscal Note: The total settlement amount is $300,000. This settlement along with Resolution No. RS2025-1276 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.