Jury Awards $70K for Unlawful Seizure by Shelby County Deputy in Fourth Amendment Violation

Gray V. Shelby County Tennessee Et Al

Case Background

On December 30, 202o, Kesha Gray filed a civil rights lawsuit against Shelby County police officers, alleging unlawful seizure in violation of her Fourth Amendment rights. The case was filed before the United States District Court, Tennessee Western (Memphis). The case was assigned to Judge Samuel H. Mays, Jr and referred to Magistrate Judge Charmiane G. Claxton. [Case number: 2:20cv2947]

Cause

On March 29, 2020, Kesha Gray and her fiancé drove through a residential area of Memphis, specifically Pisgah Road, to view real estate. They had an argument, and Gray, who was pregnant, decided to get out of the car to cool off. The argument between Gray and her fiancé continued as she stood outside the vehicle. Christopher Hodges, a bystander, witnessed the interaction and thought the fiancé was attacking Gray. He approached the fiancé and told him to stop. When the fiancé threatened Hodges, Hodges brandished a gun, causing the fiancé to flee in his car. This left Gray standing by the side of the road. Hodges then called 911 to report a domestic disturbance. Deputy Sheriff Brett Barnett, accompanied by his partner, arrived to investigate. Gray denied any issues and refused to identify herself. She later clarified that there had been no domestic event and that there was nothing to investigate. As Gray began to walk away from Barnet