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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: What is the statute of limitations for a civil rights lawsuit when the a cause of action is fraud by the court?
Anthony M. Avery
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Anthony M. Avery
answered on May 2, 2022

Not sure of your "Court" fraud, but a Governmental Tort Liability Action is 1 year from injury. Probably any other applicable cause of action will also be 1 year, except some property torts are 3 years.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: Memphis TN I need to know exact steps that I need to take in order to retrieve my personal property . Court forms etc

I want a police escort and need to know the proper way to handle this. My roommate was going into my room and stealing my things and I have proof on camera. She is bitter and is refusing to let me have my belongings. She claims I have plenty of money and parents to buy myself replacements of... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 22, 2022

Action to Recover Personal Property in General Sessions Court. Bond will probably be required, so determine if the stolen items are worth it.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Do I have a right to request a hair follicle drug test for probation? I can't pee with them staring at me
Anthony M. Avery
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Anthony M. Avery
answered on Apr 6, 2022

No, you have to abide by the PO's requests. You could go to Court and move for a Modification of your Probation Order. But I do not recommend it.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: I'm fill out the civil division info. Sheet. I'm on the type of case section. The non jury, 6 person, or 12

And what to put in the lawyer section if I'm defending myself

Anthony M. Avery
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Anthony M. Avery
answered on Apr 3, 2022

That would be "Pro Se". But most of the time you should not represent yourself. I recommend calling around for competent attorneys who might be creative in getting compensated. You might call around in other Counties in your District and ask for possible referrals.

2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for Tennessee on
Q: Can you sue a family member for owing you 45k but they don’t want to pay back and their is no contract
Bennett James Wills
Bennett James Wills
answered on Apr 1, 2022

Yes. You can sue. But not having a contract for a loan may enable them to a decent defense. Consult counsel to determine your options.

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1 Answer | Asked in Civil Rights for Tennessee on
Q: Is Tennessee Statue 67-28-403 a criminal or civil offense when a landlord enters without permission?
Anthony M. Avery
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Anthony M. Avery
answered on Mar 29, 2022

You mean Title 66, and the Landlord Tenant Act only applies to certain Counties. It is not criminal.

3 Answers | Asked in Civil Rights for Tennessee on
Q: Can police enter my home, search, and remove legal weapons and ammo without permission in TN?

I was woken by officers beating on my door. I was told that, due to me matching description of someone who called a crisis line with suicidal ideation, I would be taken to er for evaluation. I refused and told them I was alright and had no thoughts of suicide. I went to close my door and officer... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 3, 2022

Are you sure no charges have been filed, including mental commitment? If not, and you are in general a law abiding citizen that pays taxes, you might have Federal Civil Rights Case. Was there an actual call on you, or does it seem a mistake? It is a Government Tort Liability Action with... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: If a domestic assault case the state picked up postpones a trial 3 times, will it be thrown out?

The state of TN picked up a domestic abuse case on him, regardless of my own testimony redeeming him innocent during our public verbal dispute in our residential

Community. Despite the initial arraignment, the trial has been put off twice now because of me not being sepenaed to go. Numerous... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2022

You need to hire an attorney to tell you what the consequences are. This is a public forum, and it is always the State's case, not the victim's.

1 Answer | Asked in Civil Rights for Tennessee on
Q: Hi my husband is being hazed. Today he was smoked for 3 hours over something that happened 3 months ago. What do i do?

He has asthma and was trying to make a doctors appointment to see if he needed to be back on profile. And one of his seargent said no one is getting back on profile. Basically saying he can't make a doctors appointment. One of them while smoking him said I hope you have an asthma attack.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 27, 2022

If he is in the Military, then he volunteered to take orders and train, including fighting if necessary. The Army is not that tough these days so I am sure it is not that bad. UCMJ applies, not TN/Federal law.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Nursing Home Abuse for Tennessee on
Q: What type of firm represents a hospital in-patient that was abused by hospital security?

Patient has diagnois of cognative mental disorder and was admitted due to a fall resulting in an additional head injury.

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. It would be a firm that handles personal injury, and possibly med mal if the incident was related to the patient's care. It's difficult to say with exactness, based on this brief description. Good luck

1 Answer | Asked in Civil Rights for Tennessee on
Q: My neighbor hooked her fence to my without my permission, What I do?

I asked her numerous of time to un-hook it fix it. Now she want to pay me so she could stay hook, I don't want her on my property.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 14, 2021

If her fence is on the boundary line then you probably do not have anything to complain about. If it is damaging your fence, you might make a property tort claim in General Sessions. But if there is a Boundary Dispute, then you need an attorney to file suit in Chancery.

1 Answer | Asked in Agricultural Law and Civil Rights for Tennessee on
Q: Need an explanation of this code.

I cuRecently own 16 acres in Tennessee and want to know if we are able to apply for a farm exemption

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 30, 2021

Do not know what a "farm exemption" is. But you probably mean you want to put the land in the Greenbelt. Go to your Tax Assessor and get the form. Carefully read it, then execute and file it with the Assessor. If not approved, there is not much you can do with only 16 acres,... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: What would be the charges on me if I am buying a car and I sell it for scrap before it's paid for

I sold a financed car to a junk yard what's my charges

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 26, 2021

Theft of Property or Hindering a Secured Creditor are definite possibilities. Do not publish criminal acts on public forums.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Does accepting pretrial diversion preclude me from suing police in civil rights case

I was arrested for first time in my 61 yrs for assault of police, resisting arrest, and disorderly conduct. I had called 911 after being the victim of road rage and simply ask police to put on their masks due to COVID. I was injured in arrest and refused medical care. That evening after released... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 24, 2021

From your facts I do not see a §1983 cause of action. But Diversion is usually the best disposition. Prior to the plea you will want to talk to an experienced attorney who knows how to file a Government Tort Liability Action. Again I would not file the suit as it is not a perfect... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: TN Convicted of Domestic Assault years ago. My Fiance owns several firearms. Is it OK for her to keep them in our house?

I live in Tennessee and I pled guilty to a misdemeanor Domestic Assault about five years ago. I was forced to sign a piece of paper stating that I must surrender all of my firearms and that I would never be able to own a firearm again. My question is this: I am getting married soon and my fiance... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 3, 2021

Your future Wife does not lose her rights by marrying you. You should not touch the firearms nor ammunition, and it would be better for her to have a safe for most of it. I suspect she carries one or more firearms. I am sorry that you got talked into pleading to a crime worse than many... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Tennessee on
Q: What happens when the prosecutor doesn't turn over body cam footage as requested by the defendant's attorney?
Cayley Turrin
PREMIUM
Cayley Turrin
answered on Aug 16, 2021

Your attorney should file a motion to compel.

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Tennessee on
Q: I have a family member whom gave me property and has passed away. I have a notorized quit claim for it and never had it

recorded into the county. now im wanting to sell it. how do I go about doing this now they have passed. there are no other living relatives or family members either.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 9, 2021

Recording the Deed and paying Taxes on the property would be required. Someone else may be claiming ownership, so your Deed may be Champertous. Hire a competent attorney to search the Title and cure yours if possible.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I lost my right to own a firearm in 1998 what do I have to do to get it back

I was convicted of a drug felony in 1998. My right to vote back and I would like my rights to own a firearm I have never been in any more trouble

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 2, 2021

Generally that kind of Conviction is permanent. There are a very few, obscure exceptions. Have your Judgment of Conviction checked by a competent attorney. But usually you need to consult with an experienced firearms attorney to see what are your legal weapon choices.

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