Judge dismisses Metro Councilmember’s $40M defamation lawsuit. Here’s what happened

The initial lawsuit sought $15 million in compensatory damages and $25 million in punitive damages.

What This Story Is About

- A judge has thrown out a Metro Councilmember’s lawsuit over allegations tied to a disputed rezoning effort and a since-dismissed ethics complaint.

Why It Matters

- The decision ends, for now, a dispute involving an elected Metro Councilmember, a proposed development in North Nashville and allegations of improper influence.

For Context

- Metro Councilmember for District 1 Joy Kimbrough filed a defamation lawsuit against Ryan Moses and Best Brands, Inc. on January 11, alleging that he made libelous and slanderous statements and caused emotional distress.

Click here to read the judge’s order in full.

NASHVILLE, Tenn. (WSMV) - A Davidson County judge has dismissed Metro Councilmember Joy Kimbrough’s defamation lawsuit against a Nashville businessman, ruling the claims were barred or unsupported.

Kimbrough filed the lawsuit in January seeking $40 million, $15 million in compensatory damages and $25 million in punitive damages, alleging Ryan Moses falsely claimed she sought money in exchange for supporting a zoning change connected to a proposed liquor warehouse in Bordeaux.

Moses’ ethics complaint against Kimbrough had previously been dismissed by the Metro Board of Ethical Conduct.

Metro Councilmember files $40M defamation lawsuit against Nashville businessman who filed ethics complaint against her

In the order filed July 31 in Davidson County Circuit Court, the judge dismissed Kimbrough’s defamation and intentional-infliction-of-emotional-distress claims under the Tennessee Public Participation Act.

The court found that statements Moses made in the ethics complaint were protected by absolute litigation privilege.

The judge also found Kimbrough did not meet the heightened standard for a public official to prove actual malice regarding a separate text message attributed to Moses.

The court awarded defendants’ attorney fees and costs and imposed $40,000 in sanctions against Kimbrough.

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