NASHVILLE, Tenn. (WTVF) — The mother of a murder victim has filed a new lawsuit against Metro and its Community Review Board because of a new state law that stopped the board from looking into her allegations of police misconduct.
The new law forbids independent investigations into police misconduct if a person has initiated, threatened, or given notice of the intent to initiate litigation against the department or its employees. Kimberly Jones-Mbuyi is filing another lawsuit challenging the state law.
An initial lawsuit filed earlier this year claims Metro Police could've done more to protect her 24-year-old daughter Michaela Carter from allegedly being shot and killed by her estranged husband in 2021.
The Office of Professional Accountability found the officer, Jason Hees, violated the MNPD policy on official obligations and provided "deficient or inefficient performance of duties." He was given a two-day suspension. The report was made public earlier this year.
According to the new Community Review Board, because Jones filed a lawsuit against Metro for the wrongful death of her daughter in that case, her misconduct complaints have been closed.
"I hope you will extend the sincere regrets of each and every member of this office to Ms. Carter’s family. We wish we could do more," the board wrote.
The board expressed the statement in a letter to her notifying her of her closed complaint.
"Requiring victims of police misconduct to forgo their right to sue in order to have their misconduct complaints investigated is an unconstitutional condition that unlawfully interferes with citizens' fundamental First Amendment right to sue the government," said Daniel A. Horwitz, Mbuyi's lead counsel.
There has not been any response to this lawsuit, so far.
Fostering Hope provides Christmas for kids in foster care. I'm delighted to see Fostering Hope expand this year to expand their reach to now include kids in Foster care in metro AND foster kids in East TN hard hit by Helene.
-Bree Smith
