NASHVILLE, Tenn. (WTVF) — A former prosecutor has sued Nashville District Attorney General Glenn Funk, accusing him of forcing her out of her job after she served on a jury in a criminal case and voted to acquit the defendant being prosecuted by Funk's office.
The lawsuit, filed Monday in U.S. District Court, accuses Funk of violating the First Amendment rights of Katie Hagan, who went to work for him in January 2024 as an assistant district attorney. Hagan, a longtime defense attorney, had been praised by Funk's office when she was hired as a "highly respected attorney."
In July 2024, Hagan was summoned for jury duty and, after clearly identifying herself in court, was selected to hear a case where a defendant was accused of aggravated assault, unlawful possession of a handgun and public intoxication, the lawsuit states.
Hagan was selected as foreperson for the jury, which deliberated for less than an hour before finding the defendant not guilty.
Afterwards, Funk "berated Ms. Hagan for her jury service and accused her of being unethical," the lawsuit says.
According to the complaint, Funk "specifically took issue with the jury's returning a verdict of 'not guilty' and told Ms. Hagan that the 'not guilty' verdict could strain her relationship with law enforcement officers in the Metro Nashville Police Department."
The lawsuit includes a letter that Hagan sent to Funk to document the DA's response, including statements allegedly made by Deputy District Attorney Amy Hunter that "she didn't think I was able to 'think like a prosecutor' — whatever that means."
As a result, Funk demoted Hagan, taking her out of the courtroom and assigning her to a job reviewing visa applications by immigrants who are crime victims and are involved in pending cases.
Hagan's letter added: "Honestly, it is professionally insulting that you want me to do the job that an intern is capable of performing."
As a result, the lawsuit contends, "Ms. Hagan became an office pariah. Her fellow co-workers and colleagues were afraid to be seen with Ms. Hagan for fear of drawing the wrath and ire" of Funk.
The demotion, it adds, "created the false impression that she had done something wrong by serving on a jury."
After being told that she would not be allowed back in the courtroom until at least March or April 2025, Hagan resigned on Sept. 10.
Funk's office has not yet responded to NewsChannel 5's request for comment on the lawsuit.
But, back in September, they told the Nashville Banner that an assistant DA would have an "inherent conflict of interest serving in the same Judicial District of their employment."
They provided guidance from the state ethics board that an attorney in such a situation should insist that serving on the jury would be an ethical breach and should refuse to serve.
Hagan's lawsuit, however, contends that doing so would have violated the DA office's own personnel policies.
"Jury service is a responsibility of good citizenship, and all employees are expected to honor subpoenas for jury duty in any court," the employee manual reads. "It is the office policy that employees serve rather than seek to be excused or exempted. Jury service is both a privilege and an obligation."
The lawsuit also points to a recent investigative report from the Tennessee Comptroller's Office confirming the presence of eavesdropping equipment in the DA’s suite of offices, as well as another former prosecutor's complaint about retaliation by Funk after one of her family members expressed support for a candidate who was challenging the incumbent DA.
"Ms. Hagan is at least the second assistant district attorney to be reassigned and demoted by Defendant under circumstances amounting to punishment for protected activities," the complaint adds.
The lawsuit asks for unspecified compensatory and punitive damages, along with reinstatement of Hagan to her job and attorney's fees.
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Below is a summary of NewsChannel 5’s recent investigations of the DA's Office:
Nov. 8, 2022: He's a $75,000-a-year government employee who gets paid with little evidence of what he's doing for the money. Week after week, he bills taxpayers for almost 20 hours a week, hours frequently listed in the middle of the night when no one else is around. Click here to read the story that kicked off this investigation.
Nov. 10, 2022: An exclusive NewsChannel 5 investigation has uncovered new questions about whether employees in Nashville DA Glenn Funk's office crossed the line, using your tax dollars during last spring's campaign to help get the boss reelected. Watch the story here.
Dec. 19, 2022: New photos and emails from inside Nashville District Attorney General Glenn Funk's office are renewing questions about whether government resources were used to help get the boss re-elected. The photos of assistant DA Sunny Eaton's desk show a stack of domestic violence dockets for cases that had been handled by Funk's challenger. Read more about what our investigation uncovered here.
Feb. 9, 2023: District Attorney Glenn Funk's team installed listening devices in areas around the DA's office capable of picking up conversations of employees and visitors who are not warned about the audio monitoring, NewsChannel 5 has learned. In a written statement, Funk's office insisted "there is no reasonable expectation of privacy for conversations in public places." There’s more to the story that can be found here.
Feb. 20, 2023: How many listening devices were placed in and around Nashville DA Glenn Funk's office? New emails obtained by NewsChannel 5 Investigates are raising that question — even as Tennessee's attorney general opens a criminal investigation into Funk's office. The newly obtained emails raise the possibility that the eavesdropping could have been even more pervasive. Click here to read more about those emails.
March 24, 2023: Tennessee Bureau of Investigation agents and technicians descended upon the offices of District Attorney General Glenn Funk as part of an on-going criminal investigation into the operations of the DA's office. About a dozen TBI personnel were seen going in and out of Funk's offices in downtown Nashville. The full story can be found here.
May 2, 2023: When Tennessee Bureau of Investigation agents descended upon the offices of Nashville District Attorney General Glenn Funk back in March, the DA issued a statement saying they were there following his "invitation." Now, NewsChannel 5 Investigates has learned agents were executing a search warrant issued by a Davidson County judge. You can read more about this development by clicking here.
June 28, 2023: So who's funding the political campaigns that affect you and your family? That's the question raised by our latest NewsChannel 5 investigation. That investigation discovered a number of questionable contributions that helped fuel Nashville District Attorney General Glenn Funk's re-election campaign. Funk's campaign says those discrepancies were all innocent mistakes. Click here to read more about those questionable contributions.
Aug. 17, 2023: The Tennessee Registry of Election Finance voted to take no action regarding a series of questionable contributions to Nashville District Attorney General Glenn Funk's 2022 re-election campaign. Board members argued that there was nothing else for them to do since no one has filed a sworn complaint alleging any violations of campaign finance laws. There’s more to the story here.
Sept. 19, 2023: An unprecedented raid of the Nashville District Attorney's Office in March included a search of DA Glenn Funk's own office — including his laptop, briefcase and other electronics — as TBI agents sought evidence of possible illegal wiretapping, according to newly unsealed court documents. Davidson County Criminal Court Judge Jennifer Smith ordered the release of documents in response to a motion filed by NewsChannel 5. This is what agents were seeking.
Feb. 23, 2024: Documents that Nashville District Attorney General Glenn Funk fought to keep secret raise new questions about eavesdropping in and around the DA's offices. Those documents, produced as a result of a months-long legal battle waged by NewsChannel 5, reveal there were more microphones — and more concern about conversations being monitored — than the DA admitted. Click here to see what was in those documents.
Sept. 25, 2024: A damning state investigation concludes that Nashville District Attorney Glenn Funk’s office operated an extensive surveillance system that secretly recorded conversations of criminal defense attorneys, members of the DA’s own staff and visitors without their knowledge. Read more about the report's findings here.
Sept. 25, 2024: Tennessee's lead government watchdog is calling for the appointment of a special prosecutor for a second opinion on whether Nashville District Attorney General Glenn Funk or anyone in his office violated any laws. You can watch that interview here.
Oct. 2, 2024: A Nashville murder case scheduled to go to trial next week has been placed on hold amid concerns that District Attorney General Glenn Funk's office illegally eavesdropped on the defense team as they reviewed evidence in the case. This is why defense attorneys are concerned.
Oct. 3, 2024: Over the strenuous objections of Nashville District Attorney Glenn Funk, a Davidson County judge ruled Thursday that she will allow time for a full hearing in a first-degree murder case regarding allegations of the DA’s office eavesdropping on defense lawyers. Click here for more about the judge's ruling.
Oct. 3, 2024: Nashville District Attorney General Glenn Funk, responding to allegations of his office eavesdropping on defense attorneys, says a recently released state investigative report is “filled with inaccuracies and misleading innuendo.” Read more here.
Do you have information for our investigation? Email us: investigate@newschannel5.com
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