Davidson County (TN) Sheriff, Metro Government Sued Over Detentions

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Davidson County, Tennessee Sheriff Daron Hall and the Metropolitan Government of Nashville and Davidson County are the defendants in a proposed class action that alleges they illegally detained a proposed class of immigrants in violation of the United States Constitution. Citing alleged violations of the Constitution’s Fourth and Fourteenth Amendments, the 17-page lawsuit claims that for the past five years, the defendants have unlawfully used facilities in Davidson County to detain possibly thousands of immigrants “in return for monetary payments from the US. Department of Security Immigration and Customs Enforcement (ICE).”

The plaintiff, who the case says immigrated to the U.S. under an F-1 student visa, claims he was taken into ICE custody on April 6, 2017.

The complaint lays out the argument that the Metropolitan of Nashville did not have authority to enter into a contract with ICE because such an arrangement must be duly approved by the Metro Council. The plaintiff claims that therefore, before Metro Nashville can enter a valid contract with ICE, which includes stipulations for detentions, the Metro Council must sign off on the relationship through appropriate channels.

“The [Davidson County Sheriff’s Office] has no lawful authority to hold Administrative Detainees. Metro Nashville has not duly authorized an agreement with the federal government to do so,” the lawsuit argues. “The Director of Insurance, the Metropolitan Attorney, and the Director of Finance have no approved this arrangement. Under Tennessee law, Metro Nashville’s charter, and Metro Council’s rules, the defendants’ authorization to contract with ICE for post-custody functions ended in 2012.”