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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Tennessee on
Q: Can I file a lawsuit for discrimination on behalf of a deceased relative?

I have notes written by the deceased with dates, documentation of instances and circumstances of unfairness and irregularities, unresolved complaints, etc.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 8, 2023

The most important witness is the plaintiff as to both the cause of action and damages. It is doubtful you could prosecute the case. Alot of what you have is heresay, even with the declarant dead.

1 Answer | Asked in Consumer Law, DUI / DWI and Civil Rights for Tennessee on
Q: Is a person allowed to have the vehicle picked up by owner if gets dui in tn.

My son got a dui in my truck. He asked if I could pick it up. It was walking distance for me. It was denied. It cost me 250 to get out. Just to towe a few miles. What are the laws

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 8, 2023

No law requires the LEO to accommodate the driver offender. If you talk the LEO in letting someone pick up car, fine, but it is not required.

1 Answer | Asked in Civil Rights for Tennessee on
Q: Is it illegal for the doorman to ask to hold your ID while you go get cash to pay the entry fee to the bar?

My friend works at a bank and says it’s illegal for anybody to ask for your ID and hold it.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 5, 2023

It is generally not illegal for a doorman at a bar to ask to hold your ID while you go get cash to pay the entry fee. However, this practice may not be allowed by the policies of the bar or club, or may be considered improper by some individuals.

While your friend who works at a bank may be...
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1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Yes, I want to know if I can do anything about being discriminated against more than 2 times. One time the guy quit

The other few times I was made to drive a tow motor without knowing how, so my boss then taught me, another discrimination was the driver for the company ask me what my husband & i was going to do for Black History month. I treated these kids as my own and was hurt really bad. They would tell... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

It is possible that you may have a legal claim for discrimination and/or retaliation under federal and/or state laws. Discrimination based on race, gender, or other protected categories is illegal in employment, and you have the right to file a complaint or lawsuit if you believe your rights have... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Do I need hire my husband a lawyer I don't know if it's his 2 or 3 violation of probation what should I do

What will be looking at I just don't know what to do 5 have kids and I'm trying to get all my ducks in the row but if it's worth getting a lawyer I need one

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Feb 13, 2023

It is always worth getting an attorney for any criminal matter.

1 Answer | Asked in Civil Rights and Family Law for Tennessee on
Q: Can I get emancipated at the age of 16 without my parents consent
John Michael Frick
John Michael Frick
answered on Feb 12, 2023

Yes you can. It will be quite a bit more expensive, but it is possible. You need to demonstrate that you are financially and socially independent.

In most cases, teens seeking emancipation are actors or singers or athletes or inventors or entrepreneurs. If your parents object, the...
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1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Hello. I am looking to file a civil suit against a Towing Company. My moving truck was towed from my apartments.

The leasing office did not call them. They still have the moving truck and will not release it. The police was called but due to this being a private company, there is nothing further they can do. Any suggestions?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 11, 2023

Figure out who the defendant is, and how to serve them. Sue in General Sessions for either Action To Recover Property and/or Conversion. Might want a lawyer.

2 Answers | Asked in Consumer Law and Civil Rights for Tennessee on
Q: Ive got a company calling me 18 times in the past 5 days. It is not a collection company, its a mortgage company. Help

They are not my mortgage company, and i am at the point of screaming into the phone that i do not want to talk to them. I am a truck driver so multiple calls from a company that I have nothing to do with is extremely distracting and they seem not to get the hint. I have declined their calls except... Read more »

Tammy Lee Hussin
Tammy Lee Hussin
answered on Jan 12, 2023

If the calls are automated and you have no business relationship with the mortgage company, you might be entitled to statutory damages under the Telephone Consumer Protection Act. If you answer the calls and you hear an automated voice prior to speaking to a live representative, you should reach... Read more »

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1 Answer | Asked in Civil Rights for Tennessee on
Q: Are police officers required to identify upon request?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 1, 2023

No, and if they lie there is no retribution.

1 Answer | Asked in Civil Rights for Tennessee on
Q: What form do I fill out and turn into the US Attorney’s Office to have Law Enforcement arrested for deprivation of right

I can’t remember the name of the form I fill out and turn into the US Attorneys Office to have a Law Enforcement Officer arrested.

I’m not a Lawyer but I don’t have the money for one. So I’m doing things the best I can without a Lawyer. I recently learned that I could sue in... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 1, 2023

Either retain an attorney to file a Civil Rights Suit or forget about it. Obviously you do not have the training to prosecute such a suit, which probably has to be a GTLA.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Tennessee on
Q: I am looking for an attorney to help prosecute our neighbor for stealing packages from us

She has stolen packages on several occasions, one such even caught on camera. She also left threatening letter tacked to our tree

Michael Hollins Sr.
Michael Hollins Sr.
answered on Jan 1, 2023

The criminal offense we call theft in Tennessee can be prosecuted by your county district attorney. You will want to reach out to that office to move forward.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: I got arrested for asking if I was being detained or arrested cause I didn’t show id
Michael Hollins Sr.
Michael Hollins Sr.
answered on Jan 1, 2023

Anytime you get arrested, it should be taken seriously. You should definitely get a competent defense attorney working on your behalf with the district attorney in this case.

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: My son had been wrongfully charge and they are holding him without any evidence. Do i need attorney about his case
Brandon D. Fersten
Brandon D. Fersten
answered on Dec 27, 2022

I definitely recommend hiring an attorney since your son has been criminally charged and depending on the nature of the charges he could be facing serious jai time, probation, becoming a felon and other potential consequences.

Additionally, if he is currently being held and unable to make...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: (Franklin, Tennessee) Does "39-16-510. Retaliation for past action" apply in the situation described below.

My sister Maureen was pulled over in Franklin, TN because her tabs were expired by 14 days. Maureen knows her rights very well and she calmly and politely stated her rights to the police officer. This upset him and he entered her vehicle, physically removed her from her car, handcuffed her and took... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 19, 2022

Maureen is charged with a serious Felony. She needs to hire a competent attorney now. It appears that she knows nothing about her rights and now the DA is after her. More than likely her suit lacked any merit, and definitely was not a counterclaim. This could get much worse and has been made... Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: I live in Tennessee. I was not home and my neighbor called the police because he said my door was wide open.

The police went into my home to search for a suspect but I did not give them consent to do so. My landlord wasn’t able to provide them my phone number. Is this illegal?

Bennett James Wills
Bennett James Wills
answered on Dec 19, 2022

Maybe. Police may enter a home under several exceptions to needing a warrant - two that may apply here are the exigent circumstances exception (searching for a suspect) or the community care taking exception (such as a welfare check).

1 Answer | Asked in Civil Rights for Tennessee on
Q: Can a police officer do inventory on my car before the wrecker towes my car is that not same as searching it

Police had my car towed I would not let them search so they said they was doing inventory

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 25, 2022

Fourth Amendment Search Caselaw is against you. The inventory search will probably be upheld. But hire a competent attorney to represent you and file a Motion To Suppress. There may be another flaw in the LEOs' arrest.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: If I was given my civil rights back in both states I was charged (TN&KY), do I qualify for a class e felony?

I was not on parole/probation; I received my rights back in June of 2020; I’m being charged with a class b felony or a c right now; I’m hoping it can be mended down to a class e which carries 1-6 yrs @30%.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 17, 2022

That would be a very large reduction in the criminal charge. Hire a competent TN attorney to represent you.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Tennessee on
Q: Can I sue for being falsely accused, arrested and imprisoned?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 7, 2022

Sometimes, but the charges must be dismissed. If Bound Over or an Indictment rendered, then it is almost impossible. Hire an attorney that knows what a GTLA action is.

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The mother deserves to see dash and body cam they shot her boy in the back

Hamilro. County Tennessee release body cam of J.M.F. being shot in the back on 10/01/2021 in soddy daisy Tennessee on berry meadow way he was wanted for questioning only

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

You probably have already busted the SOL. Especially since some representative must file suit. Talk to a lawyer today, but understand you are probably too late.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: The Police wouldn’t arrest the burglar that tried to break in. Is that a violation of Equal Protection?

The Police quickly caught a burglar that tried to break into my apartment. The Officer said that burglar was homeless and likely had schizophrenia. He wouldn’t arrest, didn’t want to fill out a Police report and only wanted to take him across town and drop him off.

The same burglar... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2022

You can try to contact a Magistrate yourself by going through the General Sessions Court Clerk, but you probably do not have sufficient information. You can also complain to the Knox County District Attorney General, who might arrange for you and the LEO to swear out a Warrant. Hopefully you at... Read more »

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