Retired Memphis judge will mediate Tyre Nichols civil case
Bernice Donald
Retired federal appeals court judge Bernice Donald will serve as the neutral mediator in the civil lawsuit from Tyre Nichols’ family and estate against the City of Memphis, Memphis Police Department Chief Cerelyn “C.J.” Davis and the various former city personnel implicated in his death.
Donald was selected as the mediator in confidential discussions that could lead to a potential settlement or set the stage for trial if no resolution is reached, according to court documents. The court's required mediation is scheduled for Feb. 9, 2024.
Bryce Hensley — one of the attorneys for the plaintiff, Nichols’ mother RowVaughn Wells — filed a stipulation Friday, Dec. 22, giving the court notice that the City of Memphis, Preston Hemphill, DeWayne Smith, Robert Long, JaMichael Sandridge, Michele Whitaker and the plaintiff have agreed to use Donald.
The filing said the five former officers charged with second-degree murder in Nichols’ death and named in the civil suit — Emmitt Martin III, Demetrius Haley, Justin Smith, Desmond Mills Jr. and Tadarrius Bean — have not said whether they will participate.
The civil lawsuit was filed in April and accuses MPD and the city of creating an environment that fostered a culture in MPD that led Nichols’ beating and death. The city has said Nichols’ death was the actions of five rogue officers.
Donald retired from the U.S. Sixth Circuit Court of Appeals in January 2023. She was appointed to the appeals court by former President Barack Obama in 2011 after serving as a federal judge in Tennessee’s Western District.
Donald grew up in DeSoto County, Mississippi, and was among the Black students who integrated Olive Branch High School.
Bill Dries contributed to this story.
Topics
Judge Bernice Donald Tyre Nichols Memphis Police Department Chief Cerelyn "C.J." DavisSamuel Hardiman
Samuel Hardiman is an enterprise and investigative reporter who focuses on local government and politics. He began his journalism career at the Tulsa World in Tulsa, Oklahoma, where he covered business and, later, K-12 education. Hardiman came to Memphis in 2018 to join the Memphis Business Journal, covering government and economic development. He then served as the Memphis Commercial Appeal’s city hall reporter and later joined The Daily Memphian in 2023. His current work focuses on Elon Musk’s xAI, regional energy needs and how Memphis and Shelby County government spend taxpayer dollars.
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