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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Tennessee on
Q: Can I move a civil case involving civil rights violation to federal court for wrongful arrest
James L. Arrasmith
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answered on Jan 5, 2025

Yes, you can move a civil case involving a civil rights violation to federal court for wrongful arrest under certain conditions. Federal courts have jurisdiction over cases that involve violations of federal civil rights laws, such as those found in 42 U.S.C. § 1983. This means if your wrongful... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Tennessee on
Q: My son was taken because of failed drug test his dad passed but I failed no drugs was present no abuse just allegations

No abuse no drugs allegations made by neighbor who was trying to intermediate me into telling where his wife was all documented even a police report to prove this only I failed drug test father did not no drugs in home and wasn't under influence at the time. 22 days after son was removed he... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm really sorry you're going through this difficult situation. It sounds incredibly stressful to deal with false allegations and the impact it's having on your family.

You might consider reaching out to a family law attorney who can help navigate the legal challenges...
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2 Answers | Asked in Civil Rights for Tennessee on
Q: Can I get a second opinion on a settlement
Anthony M. Avery
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answered on Dec 10, 2024

You can try but it is unethical for other lawyers to interfere with your present professional representation. You may wish to change counsel.

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1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: ME and my husband was arrested on some charges last year but they are half bogus so I need to know what w should do

about a year and a half ago, DCS showed up at my home with law enforcement and said there had been a complaint made to DCS saying that we had a "marijuana" grow lab in our basement and said they were there to check on the kids and search the house. they asked me for my permission to... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 27, 2024

First of all, when you go on a public forum like this, you need to keep your question to legal issues without talking about all of the facts. It is a little late to give you Miranda rights; however, anything you say can and will be used against you. Second, there is no way that an online lawyer... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: My fiancé has spent At minimum 120 days past her true sentence.. and is still incarcerated as I speak in TDOC

originally received a four year suspended sentence.served three terms 9 m 9 m12 m Towards the suspended sentence. Also during this time Was placed on Community Corrections and ended up with 492 days (16 months) CC day 4 day credits (of which I only was made aware of the exact amount after... View More

Michael Gregory Floyd
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answered on Nov 23, 2024

Do you have the sentencing orders. A Writ of Habeas Corpus is the appropriate method for her release.

Attorney M.G.Floyd, Esquire 901 526-1088

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Can a judge revoke a person's bond just because they decided not to take a plea deal in TN?

The judge said he can just sit in jail and think about it because he didn't want to plea guilty and wanted a trial instead.

Anthony M. Avery
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answered on Nov 9, 2024

Trial Judge has alot of discretion about bonded appearances. Defendant may have took too long to make a decision, and kept getting continuances. Good chance Judge thinks Defendant will get convicted.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Tennessee on
Q: Am I required (by law) to state my name and address before speaking in a School Board Meeting as a member of the public?

The Tennessee Open Meetings Act, also known as the Sunshine Law, requires that public policy and business be conducted openly, not in secret. The law applies to all meetings of governing bodies, including county commissions, city councils, and school boards.

Public comment periods:... View More

James L. Arrasmith
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answered on Oct 29, 2024

In Tennessee, when you attend a school board meeting and wish to speak during the public comment period, you are generally required to provide your name and address. This requirement stems from the Tennessee Open Meetings Act, which ensures that public meetings are transparent and that the records... View More

1 Answer | Asked in Civil Rights for Tennessee on
Q: Would being a femboy in public in Tennessee be illegal under the Tennessee Adult Entertainment Act?

A femboy is a crossdressing man who mainly follows a "kawaii" aesthetic. I'm also assuming for this question that the femboy is wearing clothes that would be acceptable for a woman to wear in public.

James L. Arrasmith
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answered on Oct 29, 2024

In Tennessee, simply expressing yourself as a femboy and wearing clothing that is acceptable for women in public is not explicitly illegal under the Tennessee Adult Entertainment Act. The law primarily targets specific aspects of adult entertainment and public decency rather than individual fashion... View More

1 Answer | Asked in Civil Rights for Tennessee on
Q: I gave my sister payments for a car and I want my money back she has the car what can I do
James L. Arrasmith
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answered on Oct 14, 2024

I'm sorry to hear you're facing this situation with your sister. Start by having an open and honest conversation with her about the payments you provided for the car. Sometimes, clear communication can resolve misunderstandings and help both of you reach a mutual agreement.

If...
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1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Why is it not a 4th amendment when k9 use is done based only on a search refusal? The 4th amendment has gone to the dogs

My is why wouldn't an attorney argue that officers are actually manufacturing proble cause on stops there were no reasonable suspicion no unusual actions other than refused search

James L. Arrasmith
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answered on Oct 13, 2024

When a person refuses a search, officers may use a K9 unit to conduct a sniff as part of the encounter. The courts have generally allowed this because a refusal can be considered as giving implicit consent to a limited search. This interpretation aligns with the idea that if you decline a search,... View More

1 Answer | Asked in Tax Law, Employment Law, Civil Rights and Employment Discrimination for Tennessee on
Q: I was taxed 3 times on on an already taxed (by the company) amount of $120. They taxed me 20 %

I was taxed 3 times on a my paycheck due to them missing 9 hours off of my paycheck. The remedy they had was to pay me for the time they missed off my check (all OT hours) in Cash in which they had taxed themselves and then put the hours on my next week's paycheck causing me to pay even higher... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're experiencing these payroll issues. Start by gathering all your pay stubs, cash receipts, and any written communication with your employer about your pay. This documentation will be crucial when addressing the discrepancies.

Reach out to the Tennessee Department of...
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1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: My sister died I was informed by the police u knowingly my sister had passed the child was in my care

But the father has has lost parental rights in two occasions 2009 and 2011 from his still married wife but one of those children he knew wasn't his but the state took them all 4 but when I found out my sister was dead the police made me leave her with neighbor but because I wouldn't give... View More

James L. Arrasmith
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answered on Oct 6, 2024

I'm so sorry to hear about the loss of your sister and the difficulties you're facing right now. It sounds like you're going through an incredibly stressful and complex situation, especially with the care of your niece and the complications surrounding your mother's and... View More

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Tennessee on
Q: A cop has my phone from a stop when he search me and took it, it's been two days and is till can not get it back.

I had been stopped about a prior warrant I already served time over, while being stopped and searched the officer took my phone and personal belongings and sat them in his car while waiting on NCIC to come back clean and when it did he left and never returned my property. It's been two days... View More

Anthony M. Avery
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answered on Oct 2, 2024

You can call the LEO and ask for your property back. Or call the chief or sheriff and complain. Ultimately you would have to sue the LEO and the County for conversion, which is not worth it. You might get a phone.

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2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: I moved in home of my wife deceased father and paid taxes on it 5 yrs later they calling me a tenant and trying to evict
Anthony M. Avery
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answered on Sep 30, 2024

Apparently you have no ownership interest and paying taxes for the owners. It might be possible to dismiss a Detainer Warrant, but you can definitely be ejected from possession.

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Tennessee on
Q: Should I rescind my guilty plea or appeal or something else? Was my civil rights violated w immediate bond revocation?

I was pulled over in Overton and arrested for violating bond conditions. A bond of $5000 was set, and paid. I should have been released. But, immediately after making the bond, the judge revoked the bond and held me. At the time, I had a capias in Sevierville, TN (which was for the original charge... View More

Anthony M. Avery
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answered on Sep 29, 2024

It is almost impossible to set aside a guilty plea. There are both direct and collateral attacks. Both are time sensitive, expensive and doubtful. Both you and your attorney did not know what was going on, which are not good reasons. Post Conviction Ineffective Assistance of Counsel might... View More

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1 Answer | Asked in Civil Rights and Employment Discrimination for Tennessee on
Q: Can a company refuse me to take my personal vehicle when being suspended

Took a DOT drug/breath alizer test and the company has me on suspension waiting on drug screen results but refused to allow me to take my personal vehicle home. they are having it transported by a tow company.

James L. Arrasmith
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answered on Sep 27, 2024

If you're placed on suspension pending drug test results, a company may have policies in place that restrict the use of personal vehicles, especially if safety concerns are involved. Since this situation pertains to a DOT test, which often involves safety-sensitive positions, the company might... View More

2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If an order or judgment doesn’t comply with TN civil procedures rule 58, can it be enforced? Is it final?Is it effective
Anthony M. Avery
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answered on Sep 16, 2024

It will be enforced unless a timely motion is made to that Court.

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: traffic stop. driver passenger comply w officer request exit car. Officer seizes cig pack from pass' hand. Finds contra.

Is this a legal search and seizure? Affadavit of complaint: "Passenger had two packs of cigarettes in her hand gripping them tightly. I asked passenger if they were just cigarettes to which she stated they were. Inside....."

thank you for your attention in this matter of grave... View More

Anthony M. Avery
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answered on Sep 13, 2024

That will probably be found to constitute a justifiable search for the officer's safety.

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3 Answers | Asked in Civil Rights, Constitutional Law and Medical Malpractice for Tennessee on
Q: My son died while in police custody. I think I can prove that he was beaten by gurds in jail. Then when he. Was in the

When he was n hospital while being guarded,his oxygen was shut off for 12 hours. I have a witness to the beating, he had black eyes. It's been 3 years I want justice for him and the ones rhat dies before and after him. Is there anything I can do? I think it is murder plz help

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

There are attorneys who concentrate their practice on cases such as these. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: Can a private (Catholic) University be sued for sexuality-based discrimination in employment termination?

This particular University has a clause in its *Faculty Handbook* (which is legally part of every faculty contract) that explicitly states it "will not base decisions with respect to these [termination] policies on race, color, sex, sexual orientation, age, mental or physical disability,... View More

James L. Arrasmith
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answered on Sep 7, 2024

Yes, a private Catholic university could potentially be sued for sexuality-based discrimination in employment termination, especially if it has committed in its Faculty Handbook not to make decisions based on sexual orientation. The clause in the handbook creates a contractual obligation that the... View More

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