By The Law Offices of John Day, P.C. on Sep 20, 2024 05:41 am
Plaintiff’s role as the Director of Safety and Security at a private college did not make him a public official or public figure for purposes of the Tennessee Public Protection Act (TPPA). In McMurtrie v. Sarfo, No. E2023-01825-COA-R3-CV (Tenn. Ct. App. Sept. 12, 2024), plaintiff was employed as the Director of Safety and Security at a small, private college. Though he had previously been a state trooper and FBI agent, at the time relevant to this case he was not a sworn law enforcement officer for any city or county, and he did not carry a gun. Instead, he oversaw campus security and was the supervisor for the college’s five security guards. None of these guards carried weapons or had the authority to arrest anyone. Defendant Sarfo was an alumnus of the college. On a rainy night, he had stopped in front of a campus building to take a photo. When plaintiff saw Sarfo’s vehicle in the roadway, he pulled next to him and rolled down his window. He honked to get Sarfo’s attention, and when Sarfo rolled his window down, plaintiff asked “why are you parked in my driveway?” Plaintiff asserted that he meant this as a joke. Sarfo responded that he was taking a photo of a building he previously lived in, and that he was in a rental car and was having trouble shifting out of park. Plaintiff told Sarfo that he needed to move his car out of the middle of the road and into one of several open parking spaces. Sarfo asked plaintiff to identify himself, so plaintiff gave his name and title. The interaction between the men lasted approximately one minute, and there was no evidence that plaintiff knew Sarfo’s race before pulling next to him.
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