Former Metro Nashville employee fired over Trump Facebook post sues city

A former Metro Nashville employee filed a lawsuit in federal court Wednesday against the city claiming her civil rights were violated when she was fired for posting in support of President Donald Trump on social media.

Danyelle Bennett, who was an emergency 911 operator for the Metro Nashville government, is seeking $2 million in damages and other relief over her termination this year based on a Facebook post "showing her support for President Donald Trump," according to the 20-page complaint.

Mike Safley, deputy director of Metro's Department of Law, said that as of Wednesday the department had not been served with the suit. Regardless, he said he could not comment on pending litigation.

According to the suit, Bennett, a Murfreesboro resident, was fired Jan.10 for violating Metro’s employee social media policy and for conduct unbecoming of a Metro employee when she posted on her Facebook page an image of a map of the U.S. showing the "red states" and "blue states" indicating the margin of electoral delegates won by both Trump and Hillary Clinton.

The suit states Bennett did so immediately following the announcement that Trump had won the electoral vote in November. It goes on to read she responded to multiple comments posted below the image including one that read, "Redneck states vote for Trump, (racial expletive) and Latinos vote for Hillary."

Bennett then responded to the post, "Thank God we have more American loving rednecks. Red spread all across America. Even (racial expletive) and Latinos voted for Trump too!"

Bennett was off duty and at home at the time of her election night Facebook post, according to the suit, and removed it later that same day following complaints to the mayor’s office by a former employee of her department.

Earlier that year, the complaint continues, Bennett's employer ordered her to remove a “Trump 2016” sweatshirt.

“Political speech rests on the highest rung of the hierarchy of First Amendment values,” said Larry Crain, Bennett’s attorney. “What is most troubling about this case is the apparent double standard being enforced by Metro. Several employees within Ms. Bennett’s department had openly expressed their support for President Obama. Mayor Barry openly campaigned vigorously on the part of Secretary Hillary Clinton."

At the time she was fired, Bennett's attorney said she had been a 16-year veteran of the department without any prior disciplinary action.

"On November 09, 2016, an individual contacted the Mayor’s Office through our Facebook page related to a 'derogatory' post," Mayor Megan Barry spokesman Sean Braisted said. "Our Office forwarded the post to Michele Donegan, director of the Nashville Emergency Communications Center, as it related to an employee of her department and was a possible violation of the Acceptable Use Policy with Metro.

"At no point did anyone in the Mayor’s Office make any recommendations as to the course of action that the ECC should take in addressing this situation with the employee."

An appeal of her termination is pending with the Civil Service Commission, Crain said.

The suit seeks damages including reinstatement and back pay, her attorney said.

Reach Natalie Alund at 615-259-8072 and follow her on Twitter @nataliealund.