Court Denies Glenn Funk's Motion to Dismiss in First Amendment Lawsuit

April 3, 2026

Civil rights lawsuit filed by DRS Law

Court Denies DA Funk’s Motion to Dismiss in First Amendment Lawsuit

Federal Judge Allows Lawsuit by Former Prosecutor to Proceed

A federal judge has denied a motion to dismiss a civil rights lawsui t filed against Nashville District Attorney Glenn Funk by former Assistant District Attorney (ADA) Katie Hagan. The ruling, issued Monday by Chief U.S. District Judge William L. Campbell, Jr., allows Ms. Hagan’s case, which alleges First Amendment retaliation, to proceed to the next stage.

Background of the Retaliation Allegations

The lawsuit, filed by DRS Law, claims that Funk retaliated against Hagan after she served as the foreperson on a jury that acquitted a defendant in a case prosecuted by Funk’s office. According to court filings, Hagan alleges she was subsequently berated, placed on leave, demoted, and constructively discharged from her position.

The complaint states that Hagan, previously a courtroom prosecutor, was reassigned to review U-Visa applications, a task the lawsuit says does not require a law degree. This action was taken despite the DA’s Office’s own employee manual, which describes jury service as a “responsibility of good citizenship”.

In his motion to dismiss, Funk asserted various forms of immunity and argued that his actions were justified. Judge Campbell rejected these arguments for the purposes of a motion to dismiss.  

READ THE OPINION HERE

A memorandum from the U.S. District Court for the Middle District of Tennessee regarding a dismissal of a civil case.

Immunity Arguments Rejected

The court denied Funk’s claims of sovereign, qualified, and absolute prosecutorial immunity at this stage of the litigation. The memorandum stated that claims for injunctive relief against a state official are not barred by sovereign immunity and that personnel decisions are generally not shielded by the absolute immunity granted to prosecutors for their advocacy functions.

First Amendment and State Law Claims Upheld

The Court’s ruling affirmed that Hagan has plausibly alleged a violation of her First Amendment rights. The court’s analysis cited established legal precedent that “a State may not discharge an employee on a basis that infringes that employee’s constitutionally protected interest in freedom of speech”. The court also allowed a related claim under a Tennessee state law that prohibits employer discrimination based on jury service to move forward. The judge also noted that the defense’s arguments were “troubling, to say the least” for mischaracterizing the factual record from the original trial.

Next Steps in the Case

The denial of the motion to dismiss allows the case to proceed into the discovery phase, where both parties will gather evidence and depose witnesses.

Red brick courthouse with a central statue, side tower, and a church steeple in the background on a sunny day.
October 19, 2026
On 10/20/10 the Tennessee Supreme Court reinstated a jury verdict obtained by David Randolph Smith & Associates for the widow of a Tennessee Army National Guard sergeant who died in 2000. The jury had awarded $7.2 million in the Tennessee wrongful death lawsuit against River Park Hospital of McMinnville. The Tennessee Supreme Court’s reinstatement of the verdict resulted in a total award, with interest, of $10.7 million. Warren County court officials said the multimillion-dollar judgment was the largest amount awarded by a jury in county history at the time of its award.A copy of the opinion is available here.
The logo
October 19, 2026
Settlement in significant wrongful death case filed in Overton County, Tennessee in a mediation held in Nashville, Tennessee on July 25, 2005. The case involved the failure to treat and diagnose group b strep in a pregnant mother whose child was brain damaged and ultimately died from sepsis stemming from exposure to the group b strep during labor. The terms of the settlement are confidential.The firm is currently handling another group b strep medical malpractice case in state court in Tupelo, Mississippi.