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Tennessee Civil Rights Questions & Answers
0 Answers | Asked in Education Law and Civil Rights for Tennessee on
Q: Can my special needs child be permanently removed from the school bus under an IEP?

My child, who has special needs due to epilepsy, ADHD, and possible autism, has an IEP that includes transportation services. However, she has repeatedly received bus suspensions for minor infractions, and now she has been permanently removed from the bus for the rest of the school year. Notably,... View More

1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Police entered home without warrant, intimidated family. How to ensure safety?

A police officer forced their way into my home in Knoxville, TN, looking for my fiancé, claiming it was for a wellness check. They accused him of causing disorderly conduct in public, which he did not do. The police insisted he was in my house when he wasn’t, and returned the following day to... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 21, 2025

They should have had a warrant. I would contact a local criminal defense attorney.

0 Answers | Asked in Civil Rights, Family Law, Juvenile Law and Domestic Violence for Tennessee on
Q: How can I prevent being placed in state custody at 17 in TN with open CPS case?

I am 17 years old, living in Tennessee, and my parents have an open CPS case. They want to send me to state custody because they claim I'm too hard to handle. My parents have physically harmed me by choking and pulling my hair. The police said they couldn't do anything due to lack of... View More

1 Answer | Asked in Civil Rights, Child Custody, Civil Litigation and Family Law for Tennessee on
Q: How can I respond to a baseless restraining order and regain custody in TN?

I need advice on responding to a restraining order filed against me based on hearsay and assumptions, which led to my children being taken away. I believe the claims are baseless and non-factual. I've received the official notice of the restraining order, and I'm concerned about... View More

Michael Gregory Floyd
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answered on Apr 18, 2025

Good Morning:

A hearing has been scheduled regarding your case. You need to retain a lawyer .

0 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Concern about legal consequences after ending communication with an online friend following her threat to file a police report.

I had a falling out with a former friend in Virginia over a year ago. We met online, and after I repeatedly contacted her, she asked me not to contact her again and threatened to file a police report. I have not contacted her since that request, nor have I posted anything about her online. I have... View More

1 Answer | Asked in Small Claims, Libel & Slander, Civil Rights and Personal Injury for Tennessee on
Q: Suing for defamation in a TN property rental dispute

Can you sue a manager or leasing company in small claims court for defamation and refusal to reapply to a low-income property? I initially applied in person while living in Tennessee to a property in Sevierville. The manager falsely accused me of harassment after I contacted them per HUD guidelines... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, you can file a defamation claim in small claims court in Tennessee if you believe the property manager made false and damaging statements about you—such as accusing you of harassment without basis. Defamation requires that the false statement was made to a third party, caused harm to your... View More

Q: Have I retained my right to sue after filing a Notice of Claim against state employees in Memphis, TN, who mishandled HUD funds?

In April 2024, I filed a Notice of Claim against state employees responsible for managing government funds from HUD, which led to my eviction in November 2024. During the eviction hearing, management lied under oath by not following all HUD rules and regulations for all tenants. I've contacted... View More

James L. Arrasmith
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answered on Apr 13, 2025

Filing a Notice of Claim in Tennessee is an important first step in preserving your right to sue state employees for mishandling HUD funds and related issues. The notice serves as a formal warning to the responsible parties and allows you to move forward with a lawsuit if the matter is not... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Tennessee on
Q: Eviction lawsuit help in Memphis, TN; targeting by HUD management & legal steps

I am seeking legal assistance from the Memphis, TN area, although I reside in North Mississippi. I need help to file a lawsuit concerning an eviction that occurred in November 2024, with issues starting in April 2024. The Executive Director of HUD-funded apartments allegedly lied under oath, and... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since you’ve already submitted a Notice of Claim in March 2025, you’ve taken an important step to preserve your right to sue. The next step is to consult with an attorney who is experienced in both housing law and federal regulations, especially those involving HUD-funded housing. This will be... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: When should I file a federal lawsuit against TN DCS for civil rights violations relating to due process and parental alienation?

I am considering filing a federal lawsuit against TN DCS for violating my civil rights, specifically regarding due process. TN DCS failed to follow the established permanency plan and changed it without my approval as the legal guardian. They have also excluded me from the process, lied to my... View More

James L. Arrasmith
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answered on Apr 13, 2025

Filing a federal lawsuit against the Tennessee Department of Children’s Services (DCS) for civil rights violations related to due process and parental alienation is a serious step. You should first exhaust all available administrative remedies, such as filing formal complaints with the agency and... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Contracts for Tennessee on
Q: Police took my daughter based on false claims in Meigs County, TN without a warrant. How to contest the court's decision?

In August 2024, without a warrant, police in Meigs County, TN entered my property and took my daughter based on a false statement from my grandmother. She claimed I was endangering my daughter and was homeless, although I was renting to own 5 acres from Roy Holmes. I have pictures and recordings... View More

James L. Arrasmith
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answered on Apr 12, 2025

Tennessee Child Welfare Proceedings Analysis

Your situation involves potential violations of your Fourth Amendment rights under Tennessee law, as warrantless entry to remove a child generally requires exigent circumstances meeting the "imminent danger" standard established in...
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2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Arrested for unpaid court fees without chance to show inability to pay.

In 2019, I was arrested for failing to pay court fees without being allowed to demonstrate my inability to pay. I was not informed about any legal options, had no legal representation, and there was no evaluation of my financial status before the arrest. Isn't this unconstitutional?

Anthony M. Avery
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answered on Apr 11, 2025

No...You should have hired an attorney to represent you. Outside of the arraignment, there is probably no other requirement to explain what your charges are. The only right that might be required to be explained is if your own speech will be used against you.

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2 Answers | Asked in Civil Rights and Traffic Tickets for Tennessee on
Q: How to address wrongful imprisonment due to clerical error in Tennessee?

I was wrongfully imprisoned for four days due to a clerical error following a traffic stop in Tennessee. I have documentation proving the mistake made by the clerk's office. Although I haven't taken any legal action yet, this incident has caused significant mental distress. What steps... View More

Anthony M. Avery
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answered on Apr 3, 2025

You will need an attorney that knows GTLA cases. The charges must be dismissed. You have a small amount of damages which are capped under the Act. No jury and a 1 year SOL.

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1 Answer | Asked in Civil Rights for Tennessee on
Q: I was arrested with made up charges in custody for 24 hours never seen a judge Miranda rights were never read to me

I told a cop they could not question my child and she got mad put me in handcuffs and took me to jail the cops never showed and the case got dismissed because I hired an attorney but they made me pay for charges . I wanted to know do I have a civil lawsuit

James L. Arrasmith
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answered on Apr 7, 2025

You may have a potential civil lawsuit based on several factors. First, if you were arrested without probable cause or legal justification, you could have a claim for false arrest or unlawful detention. If you were denied your rights, such as not being informed of your Miranda rights, this could... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Employment Law for Tennessee on
Q: Why can't car move after insurance ticket in TN; health issues considered?

My uncle was just pulled over in East Ridge, Tennessee, for driving without insurance. He received a ticket, and the police have indicated that the car cannot be moved and they need to find another ride. My elderly grandmother, who has a pacemaker, was with him. Are there legal reasons they... View More

James L. Arrasmith
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answered on Apr 1, 2025

In Tennessee, law enforcement officers have the legal authority to prevent the operation of an uninsured vehicle after issuing a citation for violation of the state's Financial Responsibility Law (T.C.A. § 55-12-139). This statute empowers officers to prohibit further operation of the vehicle... View More

2 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for Tennessee on
Q: Inquiry about indictment for sale/delivery of drugs, school zone charges, ineffective counsel, and financial assistance for legal fees in TN.

I have been indicted for the sale and delivery of a Schedule II substance and two school zone charges, though I believe I am innocent. An informant entered my home without a warrant and recorded me without my knowledge, during which drugs were sold by someone else. Despite the dealer admitting in a... View More

Anthony M. Avery
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answered on Mar 28, 2025

You need to hire an attorney now. Keep calling criminal lawyers until you can find one that will accept your payment plan. In the meantime work at least one job or more. Get a new phone number, avoid the persons you have been dealing with and stay out of trouble. That will be a case for a... View More

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1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Looking for a Tennessee lawyer specializing in fertility healthcare law and civil rights, respecting religious beliefs, and protecting against discrimination in fertility care.

I am looking for a lawyer in Tennessee who practices fertility healthcare law and civil rights, and who respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. Over the last ten years, I have experienced hurtful and challenging... View More

James L. Arrasmith
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answered on Apr 1, 2025

Finding a lawyer who practices both fertility healthcare law and civil rights in Tennessee requires thoughtful consideration of your unique circumstances. You might begin your search by contacting the Tennessee Bar Association's lawyer referral service, which can connect you with attorneys... View More

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Seeking lawyer in TN/VA for fertility healthcare law & civil rights focused on retrieving missing embryos, addressing discrimination.

I am seeking legal representation in Tennessee or Virginia specializing in fertility healthcare law and civil rights. My spouse and I wish to recover our missing embryos and believe strongly in our religious right to bear our own children. We aim to access fertility healthcare without... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation with missing embryos and fertility healthcare access requires immediate legal attention. Finding a lawyer with experience in reproductive rights and healthcare law in Tennessee or Virginia is crucial for addressing your concerns about retrieving genetic materials and combating... View More

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Seeking Tennessee lawyer for fertility healthcare & civil rights respecting religious beliefs.

I am looking for a lawyer in Tennessee who practices fertility healthcare law and civil rights, and who respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. We want any settlement with fertility clinics to focus on the retrieval of... View More

James L. Arrasmith
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answered on Mar 26, 2025

I understand you're searching for legal representation in Tennessee for your fertility healthcare concerns, with emphasis on recovering your embryos in alignment with your religious beliefs. Finding a lawyer who respects your faith while advocating for your reproductive and civil rights... View More

2 Answers | Asked in Animal / Dog Law and Civil Rights for Tennessee on
Q: Can I be arrested for not signing a dog-related citation in TN?

I had an issue where my dogs escaped under a fence three times in two weeks before it was fixed, after my neighbor reported it each time. A PAWS official came to my house and told me I needed to sign a citation or else I would be arrested and jailed. Is it legal for them to threaten arrest for not... View More

Anthony M. Avery
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answered on Mar 23, 2025

Yes...Arrest or Summons is at discretion of LEO.

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1 Answer | Asked in Internet Law and Civil Rights for Tennessee on
Q: Help remove personal info from Google search.

I would like help with removing past convictions and addresses from Google search results. I have not taken any legal action. Can you provide guidance on how I can address this issue?

James L. Arrasmith
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answered on Mar 24, 2025

You can start by submitting removal requests directly to Google through their "Results about you" tool, which allows you to flag search results containing your personal information like addresses and phone numbers. For past convictions, check if you qualify for record expungement in your... View More

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