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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Kayla McKenzie and Dornetta Peterson against the Metropolitan Government of Nashville and Davidson County, in the amount of $220,000.00, with said amount to be paid out of the Judgments and Losses Fund.
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WHEREAS, on August 20, 2024, detectives from the Metropolitan Nashville Police Department Vehicle Crimes Unit executed a tactical takedown of Kayla McKenzie’s vehicle in which Dornetta Peterson was a passenger; and,
WHEREAS, detectives mistook Ms. McKenzie’s vehicle for a stolen vehicle that the detectives were following just blocks away and that was the same make, model, and color as Ms. McKenzie’s; 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 Kayla McKenzie and Dornetta Peterson related to the events detailed above be compromised and settled for $220,000.00, 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 claims of Kayla McKenzie and Dornetta Peterson for the sum of $220,000.00, 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 the night of August 20, 2024, Metropolitan Nashville Police Department officers, while searching for an armed suspect in a stolen car, stopped the wrong vehicle and conducted a tactical vehicle jam of the vehicle. A tactical vehicle jam is a maneuver where police vehicles closely, to the point of touching, surround a suspect vehicle. After the presumed suspect vehicle was stopped, the officers discovered their error. The vehicle the MNPD officers were searching for was being driven by a Black male and the vehicle they stopped was being driven by its owner, Kayla McKenzie, with her passenger, Dornetta Patterson, both Black females. The make, model, and color of the vehicle the officers were searching for was the same as Ms. McKenzie’s vehicle with only a two-year difference.
The tactical vehicle jam maneuver was captured on both MNPD dash cameras and body worn cameras. The MNPD officers, believing that they were apprehending an armed suspect in a stolen vehicle, drew their guns, pointed them towards the vehicle, and ordered Ms. McKenzie and Ms. Patterson to exit. Police searched the vehicle, questioned the women after they exited the vehicle, and later realized that the wrong vehicle had been stopped.
MNPD does not dispute that it stopped the wrong vehicle. While the make, model and color of the vehicles were the same, the model years and the tag numbers of the two vehicles were different. Officers mistakenly believed that the tags had been verified before the stop.
The women did not claim any injuries when the incident occurred. Both women sought medical treatment and counseling after the incident. Ms. Peterson’s medical treatment totaled $6,609.73. Ms. McKenzie’s medical treatment totaled $28,795.26, and further car repairs cost her more than $10,000.
The claims have been mediated and the parties have agreed upon the settlement amount, subject to Council approval. The Department of Law recommends settlement of Ms. McKenzie’s and Ms. Peterson’s claims for $110,000 each, for a total of $220,000.
Fiscal Note: The total settlement amount is $220,000. This settlement would be 4th payment after approval by the Metropolitan Council from the Judgment and Losses Fund in FY25 for a cumulative total of $792,500. The fund balance would be $19,436,442 after this payment.