Family of man shot by Middle Tennessee police officer last year files $50 million lawsuit

The family of a man who was fatally shot by Mt. Juliet police last year is suing the city and its police department for $50 million, saying police acted recklessly, used excessive force and violated civil rights.

Mt. Juliet Police Sgt. Josh Lo, Officer Reese Harper and Chief James Hambrick are named in the lawsuit, filed Monday by Nashville attorney Terry Clayton on behalf of Linda Allen — mother of Eric J. Allen.

Clayton said in the lawsuit that police held Allen against his will while he was a passenger in a traffic stop on Nov. 2, 2022. He was later shot multiple times by Lo.

"It was clear Mr. Allen had not committed a crime," Clayton told The Tennessean Tuesday. "There was no reason for the officer to shoot him. He was not in clear and imminent danger.

"He shot him not once, not twice, but three times," Clayton continued. "What did he (Lo) expect? He shot him in three vital organs. He didn't have a chance to live."

Friendly banter turns violent

The interaction between Allen and police started with a traffic stop for a headlight out around 11 p.m. The driver, identified in the lawsuit as Melody Mitchell, and Allen both provided identification as a barking dog made for playful banter between Lo and the two.

What happened next was caught on body and dash camera footage that was later shared with The Tennessean.

Mitchell was asked to exit the vehicle and then Lo engaged Allen, asking him to exit the vehicle. Allen slid into the passenger seat and started to drive away with Lo in the vehicle trying to detain him.

Lo deployed a taser on Allen while Allen was driving and then pulled out his firearm. Allen was shot in his back, lungs and upper body, according to the suit, which claims police violated Allen's right to life, his right to feeling reasonably safe on the streets, his right to due process after being detained and his right to be free from excessive force and cruel and unusual punishment.

Clayton said in the lawsuit that Allen's shooting is a continuing pattern of officers' misuse of force against Black individuals.

In one claim, the lawsuit said Mt. Juliet's officers and the police chief failed to comply with the city's policies and procedures in reviewing and investigating incidents involving use of force.

A grand jury declined to file charges against Lo, and he has since returned to work.

"The men and women of the Mt. Juliet Police Department dedicate themselves to the department’s core values of compassion, commitment, courage, competence and integrity. As police officers, we swore an oath to uphold those values, support the Constitution and honor the sanctity of human life. Sgt. Lo took that same oath," reads a statement released Tuesday by city spokesperson Justin Beasley.

"While much of the TBI investigative findings are not public at this moment, Sgt. Lo returned to duty after a preliminary review of the incident, which his actions are clear in the entirety of the released bodyworn camera video," the statement continues.

The lawsuit described Lo's use of a taser and firearm as reckless disregard for Allen's and the public's safety. By shooting Allen while he was driving, Clayton said Lo put the public in increased danger.

"Defendant Hambrick and City of Mt. Juliet failed to conduct a proper, thorough and impartial investigation into the killing of (Allen)," the lawsuit claims, adding that Hambrick created an environment that openly permitted officers to engage in unconstitutional and unlawful acts.

A jury trial has been requested.

Reach reporter Craig Shoup by email at cshoup@gannett.com and on X @Craig_Shoup. To support his work, sign up for a digital subscription to www.tennessean.com.

This article originally appeared on Nashville Tennessean: City of Mt. Juliet, police sued for $50M in excessive force lawsuit