Tennessee Civil Rights Questions & Answers
Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
for
Tennessee
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
Q: Can a police officer legally look inside your vehicle if not engaged in an active traffic stop with no probable cause?
2 Answers
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in
Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets
for
Tennessee
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Q: I was issued a card left for me from a warrant officer that I believe is for a civil suit can I be arrested
Anthony Marvin Avery's answer
Usually a LEO that leaves a card for you is trying to serve you with a Civil Warrant or a Summons and Complaint. Rarely will a General Sessions Court or a Sheriff's Office tell you ahead of time they are looking to arrest you for a Criminal Charge.
Usually a LEO that leaves a card for you is trying to serve you with a Civil Warrant or a Summons and Complaint. Rarely will a General Sessions Court or a Sheriff's Office tell you ahead of time they are looking to arrest you for a Criminal Charge.
Q: Can a corporation require me to give access to my phone at any time and expel me if I do not comply? And is this legal?
1 Answer
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in
Civil Rights, Communications Law and Internet Law
for
Tennessee
on
Answered on Mar 22, 2019
Answered on Mar 22, 2019
Griffin Klema's answer
It sounds like the fraternity is a voluntary non-profit organization. In the U.S. we enjoy what is called freedom of contract, which allows us to make agreements for all kinds of things. Sometimes agreements can't be enforced (even if you sign them). What the document is describing sounds draconian and far-reaching, and you have good reason to question it. If you want to remain a member of the fraternity, consider just signing it, notwithstanding the risks of being subject to that provision. If...
It sounds like the fraternity is a voluntary non-profit organization. In the U.S. we enjoy what is called freedom of contract, which allows us to make agreements for all kinds of things. Sometimes agreements can't be enforced (even if you sign them). What the document is describing sounds draconian and far-reaching, and you have good reason to question it. If you want to remain a member of the fraternity, consider just signing it, notwithstanding the risks of being subject to that provision. If...
Q: What can I do if someone attaches a hose to my house without permission multiple times a month
1 Answer
| Asked
in
Civil Rights, Consumer Law and Real Estate Law
for
Tennessee
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
Anthony Marvin Avery's answer
If he owns the House, then yes, he can run a water hose to it anytime. You may wish request a surcharge on your Rent from the Landlord, but there is little you can do outside of leaving the Leasehold. If the water use was enormous each month, then this might be considered a Constructive Eviction by the General Sessions Court, but it is doubtful.
Suing the Owners for utility expense will result in a countersuit for rentals and damages.
If he owns the House, then yes, he can run a water hose to it anytime. You may wish request a surcharge on your Rent from the Landlord, but there is little you can do outside of leaving the Leasehold. If the water use was enormous each month, then this might be considered a Constructive Eviction by the General Sessions Court, but it is doubtful.
Suing the Owners for utility expense will result in a countersuit for rentals and damages.
Q: In Tennessee is it legal for a police officer to post surveillance camera footage from a home security camera
Cayley Turrin's answer
It is legal. Unfortunately it is very unfair and puts that person in a bad light that may not have done anything wrong but it is allowed.
It is legal. Unfortunately it is very unfair and puts that person in a bad light that may not have done anything wrong but it is allowed.
Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?
1 Answer
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in
Civil Rights, Education Law and Gov & Administrative Law
for
Tennessee
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Gary Kollin's answer
You can file a document called a Declaration of Domicile. Check with the county clerk's office
You can file a document called a Declaration of Domicile. Check with the county clerk's office
Q: Can someone start staying at my house as my daughters guest against my wishes?
Anthony Marvin Avery's answer
If you are the owner of the real property then you can file a Detainer Warrant at General Sessions Court. If you rent, then you may have to leave or call the Cops on the girlfriend when she gets out of line. If there are problems with your Daughter then you will need an Order of Protection against her, which should influence the Girlfriend to leave also.
If you are the owner of the real property then you can file a Detainer Warrant at General Sessions Court. If you rent, then you may have to leave or call the Cops on the girlfriend when she gets out of line. If there are problems with your Daughter then you will need an Order of Protection against her, which should influence the Girlfriend to leave also.
Q: Suppose you are on your farm, have a gun and accidentally shoot in someone...
Anthony Marvin Avery's answer
Charges could range from Criminally Negligent Manslaughter to Second Degree Murder. Without Death the charge would probably be Reckless Endangerment or Aggravated Assault, and possibly Attempted Murder.
Charges could range from Criminally Negligent Manslaughter to Second Degree Murder. Without Death the charge would probably be Reckless Endangerment or Aggravated Assault, and possibly Attempted Murder.
Q: Dad died, no will. Stepmom now in nursing home. What can child do to get their 1/3 share before house is taken in TN?
Leonard Robert Grefseng's answer
From the very brief information supplied by this question, perhaps the daughter should file a "partition action." This is a specific type of lawsuit which in general, is used to clear up any title issues and force a sale ( auction) of the property. Consult an experienced real estate lawyer for advice on your specific situation asap.
From the very brief information supplied by this question, perhaps the daughter should file a "partition action." This is a specific type of lawsuit which in general, is used to clear up any title issues and force a sale ( auction) of the property. Consult an experienced real estate lawyer for advice on your specific situation asap.
Q: i borrowed 1500.00 and paid 600.00 back. i missed a few payments and they took collateral. and are now suing me for
Anthony Marvin Avery's answer
Your issue is not criminal in nature. The Lender is probably suing you in General Sessions upon a Sworn Account. You must read whatever Financing Agreement you made with them, and you might offer the surrender of the Collateral to them. But that usually only accounts for part of the Debt, and they can elect to sue for money owed only. Whoever swore out the Debt could be forced to come to Court to testify about their personal knowledge, or you could make it easy on them by settling on a...
Your issue is not criminal in nature. The Lender is probably suing you in General Sessions upon a Sworn Account. You must read whatever Financing Agreement you made with them, and you might offer the surrender of the Collateral to them. But that usually only accounts for part of the Debt, and they can elect to sue for money owed only. Whoever swore out the Debt could be forced to come to Court to testify about their personal knowledge, or you could make it easy on them by settling on a...
Q: If an inmate escapes and receives 6 mths added to sentence can the jail also refuse to give good days and reclassify ?
1 Answer
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
Tennessee
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Anthony Marvin Avery's answer
No that was the Sheriff attempting to unofficially give his Prisoner a break. The Prisoner is bound by the disposition on the Warrant or the Judgment of Conviction. And the new Sentence will be consecutive to it.
No that was the Sheriff attempting to unofficially give his Prisoner a break. The Prisoner is bound by the disposition on the Warrant or the Judgment of Conviction. And the new Sentence will be consecutive to it.
Q: where can I find TN common law rights on tranfer of reserved name or assumed name
1 Answer
| Asked
in
Business Formation, Business Law, Contracts and Civil Rights
for
Tennessee
on
Answered on Oct 3, 2018
Answered on Oct 3, 2018
Leonard Robert Grefseng's answer
Your question is unclear- there will be no "common law" on these issues. Any issues concerning a corporation's assumed name or reserved name are governed by the state statutes regarding corporations, and also perhaps the rules of the Secretary of States' office.
Your question is unclear- there will be no "common law" on these issues. Any issues concerning a corporation's assumed name or reserved name are governed by the state statutes regarding corporations, and also perhaps the rules of the Secretary of States' office.
Q: My dad gave a false report, police came with a search warrant for a person who was in our home without his knowledge
Marcus Lipham's answer
What county are you in? Did your father give them permission to search the house? Sorry, but like a lot of similar situations, they require a lot of details in order to give a fair answer. The crime of “False Reports” in general is a specific intent crime, being that your father had to know he was providing false information. That can be more difficult to prove than it sounds. Personally, I would for a stronger angle of defending the case and use your father’s intent or lack there of as a...
What county are you in? Did your father give them permission to search the house? Sorry, but like a lot of similar situations, they require a lot of details in order to give a fair answer. The crime of “False Reports” in general is a specific intent crime, being that your father had to know he was providing false information. That can be more difficult to prove than it sounds. Personally, I would for a stronger angle of defending the case and use your father’s intent or lack there of as a...
Q: I'm trying to find out who is the lawyer for my brother that just got to Blount county. And what are the charges
Gary Kollin's answer
Yes,. No. Yes. That's right. No.
You provide no information to make any assessment.
Contact the clerk, the jail, your brother, hire an attorney for him
Yes,. No. Yes. That's right. No.
You provide no information to make any assessment.
Contact the clerk, the jail, your brother, hire an attorney for him
Q: What do I do about a( sheriff dupty) and a 911 worker posting false accusations about me on Facebook
1 Answer
| Asked
in
Libel & Slander, Personal Injury, Criminal Law and Civil Rights
for
Tennessee
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Peter N. Munsing's answer
Violation of privacy, slander---get screen captures of the postings, go see a member of the Tenn Assn for Justice who handles those cases--they give free consults
Violation of privacy, slander---get screen captures of the postings, go see a member of the Tenn Assn for Justice who handles those cases--they give free consults
Q: Break lease in TN,nieghbor said shes infested w/ bedbugs i told manager, he won't do anything. Recored conversation
Gary Kollin's answer
This is the second time you posted this similar question
It is not civil rights. It is Landlord-Tenant question
This is the second time you posted this similar question
It is not civil rights. It is Landlord-Tenant question
Q: I was assaulted by a police officer on duty was not arrested he busted in my house without warrant and denied me medical
2 Answers
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
Tennessee
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Mr. Kent Thomas Jones Esq.'s answer
I don't think that there is really a way to provide a truly accurate answer based on these facts alone. I believe that you should consult with local counsel who will know more about the situation.
I don't think that there is really a way to provide a truly accurate answer based on these facts alone. I believe that you should consult with local counsel who will know more about the situation.
Q: I went to human resources about an incident over another employee harrassing and intimadating me, in general scaring me.
1 Answer
| Asked
in
Civil Rights, Employment Discrimination and Employment Law
for
Tennessee
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
Mr. Kent Thomas Jones Esq.'s answer
The employer can't terminate you for simply reporting harassment, if the facts are as above-stated. The question is why did they decide to terminate you upon investigation? There may be a reason, and there may not be a reason. There is no way to know just based on this statement. I would suggest consulting with a local employment discrimination attorney.
The employer can't terminate you for simply reporting harassment, if the facts are as above-stated. The question is why did they decide to terminate you upon investigation? There may be a reason, and there may not be a reason. There is no way to know just based on this statement. I would suggest consulting with a local employment discrimination attorney.
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