Morris v. City of Ridgetop, Tennessee

CourtDistrict Court, M.D. Tennessee
DecidedMarch 28, 2025
Docket3:19-cv-00631
StatusUnknown

This text of Morris v. City of Ridgetop, Tennessee (Morris v. City of Ridgetop, Tennessee) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. City of Ridgetop, Tennessee, (M.D. Tenn. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

BRYAN MORRIS, et al., ) Plaintiffs, ) ) v. ) Case No. 3: 19-cv-00631 ) Magistrate Judge Frensley CITY OF RIDGETOP, et al., ) Jury Demand Defendants. )

MEMORANDUM AND ORDER This 42 U.S.C. § 1983 matter is before the Court on defendants’ motions for summary judgment. Docket Nos. 58, 63. Plaintiffs oppose the motions and defendants have replied. The parties have consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636(c). After reviewing the record and the briefs, for the reasons set forth below, defendants’ motions will be granted in part and denied in part. I. BACKGROUND

Plaintiffs Bryan Morris, Tillman Bratton, Shawn Taylor, Don Azbill, and Alex Shotomide, former police officers for the City of Ridgetop, Tennessee (“City” or “Ridgetop”), filed suit against the City and others asserting they retaliated against them for exercising their right to free speech in violation of the First Amendment. The relevant factual background, taken largely from plaintiffs’ verified complaint, is as follows.1 At an October 17, 2017, City meeting, McCaw Johnson, Ridgetop Vice Mayor, announced

1A plaintiff’s verified complaint is the equivalent of an affidavit in opposition to a motion for summary judgment, and a complaint signed under penalty of perjury pursuant to 28 U.S.C. § 1746 is the equivalent of a verified complaint. Roberson v. Hayti Police Dept., 241 F. 3d 992, 994-95 (8th Cir. 2001). “Although a party may not generally rest on his pleadings to create a fact issue sufficient to survive summary judgment, the facts alleged in a verified complaint need not be repeated in a responsive affidavit in order to survive a summary judgment motion.” Id. (citing Williams v. Adams, 935 F. 2d 960, 961 (8th Cir. 1991)). the implementation of a ticket quota of 210 citations per month per officer which was recorded in the City’s minutes. Docket No. 1, p. 4. Following the meeting, Aldermen Mike Harris and Josh Reasoner discussed the practice and agreed that the ticket quota was illegal under Tennessee law.2 Id. The following day, Johnson sent a text message to the Board of Mayor and Aldermen (“Board” or “BOMA”) members, as well as Kelly Rider, City Recorder, stating that he regretted his

statement at the meeting. Id. Between March and November 2018, Plaintiffs had various confrontations with the BOMA over the ticket quota and attempted to have the ticket quota investigated and prosecuted by the Robertson County District Attorney. Docket No. 1, pp. 5-7. Because nothing had been done to stop the illegal quota activity occurring in Ridgetop, Plaintiffs contacted the media. Id. at p. 7. In December 2018, Dennis Ferrier, reporter at Fox 17 News, appeared before the BOMA to report on the illegal ticket quota. The BOMA was aware beforehand that the media was coming to question them about the quota. Docket No. 68-1, p. 1; 68-2, p. 3. Officer Taylor was interviewed, and during the interview he disclosed parts of an investigation he had been conducting into the illegal

ticket quota. Docket No. 68-4, p. 2. Taylor stated in his declaration, among other things, that speaking to the media about the investigation was not a part of his job duties, and that under normal circumstances speaking about an open investigation is generally prohibited. Id. Taylor further stated in his declaration that speaking to the media as a private citizen was a last resort to address a matter of public concern. Id. At a June 10, 2019, meeting, Mayor Tony Reasoner and the Board voted to eliminate the

2 Tennessee Code Annotated section 39-16-516(b) states: “A political subdivision or any agency of this state may not require or suggest to a law enforcement officer that the law enforcement officer is required or expected to issue a predetermined or specified number of any type or combination of types of traffic citations within a specified period.” T.C.A. § 39-16-516(b). Ridgetop police department, which resulted in the elimination of plaintiffs’ jobs. Plaintiffs then filed a lawsuit in state court seeking to enjoin defendants’ actions in voting to eliminate the police department. On June 14, 2019, the Chancery Court overseeing the state litigation issued a temporary restraining order enjoining and restraining the City from taking various actions to eliminate the

police department. Docket No. 1-2, p. 2. On June 25, 2019, the parties to the state suit entered into an agreed order for a preliminary injunction, declaring the actions taken at the June 10, 2019, meeting of the Board were “null and void.” Docket No. 1-4, pp. 1-2. On July 2, 2019, City council members held another meeting, at which time they voted to eliminate all police officers, except for Chief Morris. Sometime after the meeting, Mayor Reasoner informed Officer Shotomide that there was a ticket quota, and then laughed and stated to Shotomide, but “not anymore because there is no longer a department.” Docket No. 70-4, p. 2. Reasoner further stated, “You’re a good man Alex, sorry that this is happening to you, but this is how it is going to be.” Id. .

This suit followed. Plaintiffs name as Defendants the City of Ridgetop; Tony Reasoner, Mayor; Mark Johnson, Alderman; McCaw Johnson, Vice-Mayor; Ronald “Sam” Rider, former member of BOMA; and Kelly Rider, City Recorder. Docket No. 1. Plaintiffs assert § 1983 claims for retaliation in violation of the First Amendment and conspiracy (Counts I and II). Id. at pp. 16- 17. They assert a state law claim for official oppression in violation of Tenn. Code Ann. § 39-16- 403 (Count III). Id. at p. 19. Plaintiffs bring suit against defendants in their individual and official capacities. Defendants now move for summary judgment. In support of their motions, Defendants submitted, among other things, their own declarations, as well as the news broadcasts of Chief of Police Bryan Morris and undercover Officer Shawn Taylor speaking to the media. Docket Nos. 59, 59-1-5, Docket No. 60, p. 1. Manually Filed Exs. 38-39. Defendants argue plaintiffs cannot satisfy any of the elements for a First Amendment retaliation claim. They argue plaintiffs cannot prove a conspiracy to violate their First Amendment rights, and even if they could, any claim is barred by the intra-corporate conspiracy doctrine. Defendants further argue Plaintiffs’ claim for

official oppression fails as a matter of law, because T.C.A. § 39-16-403 does not provide for a private cause of action. Defendants Reasoner, Mark Johnson, McCaw Johnson, Sam Rider, and Kelly Rider (Individual Defendants) filed a separate motion for summary judgment, arguing that to the extent Plaintiffs’ constitutional claims survive summary judgment, the claims against them as individuals still fail. Docket No. 63. They assert members of BOMA are entitled to absolute immunity against suit for legislative actions, including their vote to disband the police department, as well as qualified immunity against suit for Plaintiffs’ § 1983 claims. Docket No. 64, pp. 2-6. City Recorder Kelly Rider contends that because she had no decision making or supervisory authority

over the City police officers, she did not--and could not--cause Plaintiffs alleged constitutional violations.

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Bluebook (online)
Morris v. City of Ridgetop, Tennessee, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-city-of-ridgetop-tennessee-tnmd-2025.