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Tennessee Civil Rights Questions & Answers
2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Tennessee on
Q: Is there a statue of limitation on appealing procedure subject matter jurisdiction?

options on appealing subject matters jurisdictiion.

Charles William Michaels
Charles William Michaels answered on Feb 27, 2021

First, I am not a Tennessee lawyer. That being said, whatever are the issues you intend to raise on appeal, the time to appeal is the same. Usually, it's 30 days from the final judgment of the court below. Once the appeal is noted, when you file your brief, you can raise the issue of subject... Read more »

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1 Answer | Asked in Civil Rights and Domestic Violence for Tennessee on
Q: i file order of protection and its signed by a judge but the respondant hasnt been served by police is it in affect?

i filed for order of protection does the other party have to be served before its active?

Anthony M. Avery
Anthony M. Avery answered on Feb 15, 2021

The ex parte order is effective when issued. However it would be difficult or impossible to enforce it if it is never served.

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Tennessee on
Q: i received citation but cop has no info on pink copy except the court date which is dated for1/20 & its1/21 is it via?
Shanone Emmack
Shanone Emmack answered on Jan 11, 2021

you will need to call Maury County clerk's office. Your case will likely be reset because the courts are closed to most in-person proceedings until the end of January. The clerk's office will give you the correct court date.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Can I possess a handgun in my vehicle at 19 in Tennessee?

I work in a gun store and carry on private land separate from where I reside. I am wanting to know if I can keep a handgun in my vehicle for protection at work and at any time I must go to our farm on the private land during these times under the Castle Law or any other law.

Anthony M. Avery
Anthony M. Avery answered on Dec 31, 2020

As a general rule no. If you are military, you might get a HCP. Or you might carry it in the locked trunk unloaded to a firearm instruction class (but I do not advise this). Unfortunately you are two years too young to carry a handgun, so do not do it. A criminal charge will mess you up so... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: If I'm unlawfully stopped by police, under my protected constitutional rights am I required to present my id?

I'm? In Tn.

Paul E. Tennison
Paul E. Tennison answered on Dec 16, 2020

I am unaware of which specific Constitutional right you are referring to. Assuming you mean to invoke the 4th Amendment right against unreasonable searches and seizures. I am unaware of any precedent that states citizens are not required to produce identification when requested to do so. 4th... Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: My sister moved into moms estate 3 years ago stating she'd buy my half out but has yet to do so. What are my options?

We are both executors and the will States if either one of us want the estate we'd have to buy the other out ($20,000). Its been almost 3 years and she has yet to buy the house but has been living there this whole time. During this time she has been non-compliant on multiple occasions and has... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 12, 2020

It appears that both of you have not performed your duties as Executors. You probably want to ask the Probate Court to order sale of the real property if it is actually part of a Will directive. From what you have stated it appears that Partition is not available, as the Will controls. But... Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: My daughter lived with me six months rent free. She moved left ten bags of clothes .What can I do to make her get them.

She loaded up my garage up with ten bags of clothing and shoes, I have asked her several times to get them and put in storage. She haven't did it. Her son come to my house and when he sees them he want to get them and sell some of them but she tells me I am responsible for them. I asked her... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 8, 2020

One option you could consider is to notify her that she has 30 days to retrieve her belongings that she stored at your residence without your permission. If she fails to retrieve them by that time, you will deem them abandoned and dispose of them as you see fit. You could then sell/donate/throw... Read more »

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I had a verbal contract to design a simple website for friend, didn't pay the other half for the service .

I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and... Read more »

Michal Durakiewicz
Michal Durakiewicz answered on Nov 21, 2020

Based on what you have described, you may have a valid and enforceable contract. Whether or not it is a good idea for you to file a lawsuit to recover the unpaid amount depends on a number of factors. First, how much does he owe you? If you file a lawsuit in general sessions court you will be taxed... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Can my apartment complex. Make me take my american flag out of my window and fine me $50 for it hanging.

What about the 2005 display act .

Bennett James Wills
Bennett James Wills answered on Nov 16, 2020

If you are renting, the the terms of your lease would determine what you can and can't put in a window. The Display Act of which you cite is applicable to homeowners - not renters.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: GTLA-removal of immunity. Where can I find the duty owed to me by city police in order to determine negligence?
Bennett James Wills
Bennett James Wills answered on Nov 12, 2020

One place to start your research is 42 USC 1983 and Bivens v. Six Unknown Agents

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: If an attorney keeps stating they do not understand what Motion can be filed against them?
Bennett James Wills
Bennett James Wills answered on Nov 12, 2020

Your question is not clear. Try posting again with more specific information.

1 Answer | Asked in Child Custody and Civil Rights for Tennessee on
Q: The mother of my child was able to place a protection order on me without any proof. Her friend was an officer that help

When I was advised by the Domestic Violence personnel that she had no proof and their was an officer present. When I try filing perjury no official in that county will see my proof that I can show that her statements were false. She used to work for the county and they use their friends that work... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 3, 2020

None of your facts are unusual in Knox County DV cases. You must hire a competent attorney now to represent you and make it as painless as possible. Forget about the perjury. Talk to the lawyer about any firearms you have now. So far you have wasted your efforts. But keep in mind that the... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: A customer used a racial slur, my friend politely told her it made her uncomfortable. The company fired my friend.

The customer complained to management who then fired my friend. The incident was not on company premises and my friend up to that point had been a highly valued employee. She was one of only three they kept on after bringing back everyone from furlough. My question is: is this actionable? Are they... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 20, 2020

Generally speaking, in at-will employment states, employees can be terminated for any reason or for no reason at all. However, an exception to this rule exists if the employee is terminated for a discriminatory reason. For example, if other employees WITHIN the company have treated your friend... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law, Civil Rights and Communications Law for Tennessee on
Q: Can anything be done to a person who has constantly sent me threatening messages through different apps?

I've been sent threatening messages from the same person through different accounts and they have made fake accounts just to be able to send these messages to me. Does it still count towards harassment even though it's fake accounts and names?

Paul E. Tennison
Paul E. Tennison answered on Oct 20, 2020

Yes, you may want to consider seeking an Order of Protection against this person. You could also consider calling the non-emergency police line and reporting the harassment. Sometimes a cease and desist letter from an attorney is successful in getting someone to stop messaging. If these options... Read more »

1 Answer | Asked in DUI / DWI and Civil Rights for Tennessee on
Q: Can u be arrstd4Dui when not in the vehicle? But tryn2get help4tryn2 kill their self got scared &went2the CCDC4help?

He got scared changed his mind he was off his mental meds cop tlkd2 him ask wat doing he was tryn2tellem when was told hands behind his back4a patdown4 thier safety cop cuffs him then 3-4all was assultin him@same time he's cuffed then in the garage it's on video slammed his face/head n2a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2020

Yes, it happens alot. The LEO needs some evidence that the suspect was driving the vehicle earlier. Then he puts together his proof of intoxication, and he gets a Warrant for DUI. Your Friend needs a competent attorney to prepare for a thorough Preliminary Hearing.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: I got a writ of possession about my vehicle but I never signed a warrant or was never notified of a court date.

There was a court date earlier this year but it got cancelled due to covid 19. I was told they had court 2 weeks ago but I was never notified about it. Is this illegal?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Apparently you knew of the suit against you. It was your responsibility to check with the Clerk to find out when Court was. You could file a motion to set aside the Default Judgment, but I do not recommend it.

1 Answer | Asked in Civil Rights for Tennessee on
Q: Will I get failure to appear and go to jail if I don’t go to court if I received a summons in my civil lawsuit
Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

Civil suits usually do not involve incarceration, unless there is a post-judgment asset discovery problem. I recommend you go to Court, if for no other reason than to make sure the judgment reflects a correct amount and all payments. That judgment will be against you for a long time, so deal... Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: I reside in TN with a handgun permit. Is a mp40p able to be carried loaded on me since it is a pistol and not a rifle?

*note a mp40p is larger than most handguns/pistols. It has no stock to which I can shoulder it and it shoots 9mm. The classification of it when search says it's a pistol but was told it's a pistol carbine.

Just wanna be sure that be legal to carry on my person loaded if I choose... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

It is classified as a handgun as it has a short stock and is held by one hand. But it is very large and will generate attention. HCP is for handguns only, not long guns. Just because Federal Law defines it as a handgun does not mean some LEO will not try to arrest you anyway.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My gun was taken by police because they claimed to see it in my bf hand although he never had it what to do now

There was a police call made by someone where we were and It was a false report because of underlying family issues so when the police came they grabbed my boy friend and beat on him they also took my weapon because I say it on the ground just for my safety when they arrived my weapon is in my name... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

First make a written demand to the Chief of Police or the Sheriff to return your weapon. Then you need to file suit for Conversion against the City/County and the Officer that took the firearm with a SOL of 3 years. All this costs money and time, and many firearms are not worth the trouble. There... Read more »

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