Appeals Court Upholds Lawsuit Against Nashville Officers, City Proceeds

Background of the Lawsuit

A federal appeals court has allowed a lawsuit to proceed, which was filed on behalf of Melissa Wooden, a woman who was shot during a mental health crisis in 2021. The case involves two Metro Nashville Police officers and the city itself. The decision marks a significant development after a lower court had previously dismissed the case.

Michael Chrestman, Wooden's brother, filed the lawsuit in March 2022, one year after the incident. At that time, Wooden was tased by Officer Benjamin Williams and later shot by Officer Brandon Lopez. Both officers are still employed with the police department.

The lawsuit was initially dismissed by District Judge William Campbell, Jr., who ruled in favor of the city and the officers' motions to dismiss the case. The officers argued that their actions were protected under qualified immunity, a legal principle that shields law enforcement from monetary damages unless it is proven that they violated a "clearly established" constitutional right.

Legal Arguments and Court Ruling

Attorney Kyle Mothershead, representing Chrestman, argued before a three-panel appeals court that the officers should not be shielded by qualified immunity. The appeal was heard in June, and the court’s opinion was published on September 16. The ruling emphasized that at the motion-to-dismiss stage, the burden of proof lies with the plaintiff to demonstrate that the officers are not entitled to qualified immunity.

The court noted that this burden is not high at this stage. It stated that the plaintiff only needs to show that it is "plausible that an official's acts violated a clearly established constitutional right." In this case, the complaint plausibly alleged that the officers violated Wooden's rights when they tased and shot her. As a result, the court reversed part of the lower court's decision and vacated another part.

Details of the Incident

Wooden called the police to her home in 2021 and told the dispatcher she wanted them to shoot her. When the officers arrived, they found her clutching a baseball bat and a pickaxe. According to body camera footage from Officer Williams, Wooden was holding both items with both hands and alternated between resting them on her shoulder and holding them up or out toward the officers.

The officers were standing about 15 feet away as they tried to convince her to put the weapons down. Officer Lopez drew his service weapon while the third officer drew his Taser. Wooden continued to demand that an officer shoot and kill her, according to the footage.

In the video, Williams can be heard telling Wooden, "Look at me in my eyes. Know that I'm telling you the truth. None of us are going to hurt you... There's no reason for me to pull my weapon on you, OK, because right now there's distance between us. I can, we can figure something else out."

Wooden's mother then appeared in the driveway on her mobility scooter. Williams instructed her to stay away, but she continued to yell and drive around him. Eventually, Williams stepped between her and her daughter.

At that point, Williams pulled out his taser, motioned to the other officers, and shouted, "tase her tase her tase her." He later said he "gave up" and "popped" Wooden because the situation "wasn't going anywhere."

At least one taser probe hit Wooden. She remained standing and began to move in Williams' direction, though the video evidence is unclear about how close she got or whether her movement was intentional or caused by the shock of the taser.

Officer Lopez then fired his duty weapon at Wooden, striking her twice. She survived but required several surgeries and spent months in the hospital.