Ex-Nashville Police Officer Fired For Facebook Post Sues

NASHVILLE, TN -- A former Metro Nashville Police officer, fired last year for an inflammatory Facebook post about a Minnesota police shooting, is suing the city for violating his First Amendment rights.

On July 7, 2016, Anthony Venable, a Hermitage Precinct officer, posted in Facebook comment thread about Philando Castile, who was shot during a traffic stop in Falcon Heights, Minn. the day before.
"Yeah. I would have done 5," Venable wrote. Castile was shot four times.

In the same comment thread, Venable declared he was "trained by the best," "...you don't shoot just one. If I use my weapon, I shoot to kill and end threat"; and "He (Castile) had a gun AND weed in the car. These [sic] officer will be fine." In a letter notifying Venable of the hearing which would eventually lead to his firing, MNPD Chief Steve Anderson excoriated the officer repeatedly.

"It can be agreed that you were trained by the best. If the staff of the Metropolitan Nashville Police Department Training Academy is not the best in the nation, it is among the best," the chief wrote. "In that this training also includes responsible, acceptable and unacceptable use of social media, it is clear that you intentionally elected to ignore the training and directives you have received by issuing publications to the World Wide Web in contradiction to the training you received. ... If you were trained to shoot to kill, you did not receive this training from the Metropolitan Nashville Police Department. ...

"You also commented that since Mr. Castile had a gun and 'weed' in the car, the officer would be 'fine'," the letter says later. "As a trained law enforcement officer you should be aware that having a gun and 'weed' in the car should not be justification for the use of deadly force."

During the investigation, Venable argued he was speaking as a private citizen and nothing on his social media tied his comments to the department. His federal lawsuit alleges he was deprived of his right to free speech in violation of both the United States and Tennessee Constitutions. He is seeking $2 million in damages.

Venable, who is represented by notable Nashville defense attorney David Raybin and Brentwood attorney Larry Crain, argues that the department's social media policy is selectively enforced, noting that just days after his firing, another officer was decommissioned, though not fired, for posting a picture of Black Panther Party National Chairman Bobby Seale and Defense Minister Huey Newton standing armed in Oakland, Calif. in 1967.

MNPD spokesman Don Aaron said the department stands by its decision to fire Venable.

During the investigation, Venable argued that his posts were sarcastic, though Anderson saw no evidence of such and said that police should not be flip about fatal shootings in any event.

"It should be noted that nowhere in these social media postings did you give any indication that you were less than serious," the chief wrote. "No emoji, no 'lol,' or other social media jargon was employed to make it clear that your inflammatory remarks were to be taken as anything less than serious."

Anderson also noted that while Venable did not link his accounts to Metro Police, members of the media were able to determine his employment in relatively short order.

Photo via Metro Nashville Police