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Tennessee Civil Rights Questions & Answers
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 »

1 Answer | Asked in Civil Rights for Tennessee on
Q: Can I go jail for a civil warrant?

Car accident no injuries They are acting like a Debt collector

Anthony M. Avery
Anthony M. Avery answered on Sep 1, 2020

No jail for the initial civil action. But you need to go to Court, even if only to contest the amount of damages claimed. Any Judgment, including Default, can be subject to Asset Discovery. And if you do not answer under oath in Court, then you go to jail for Contempt. Finally the Judgment... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Is it legal to arrest a victim for refusing to testify in a dv case?No subpoenas were served before a warrant was issued

Who would I contact near Crossville, Tennessee?

Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2020

You did not say what Charge. But alleged victims are often charged with filing a false police report or 911 call. With no subpoena, I doubt that it was contempt of Court.

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The apartments I used to live in is suing me for what they say is the last months rent. This is a year and 3 months aft

I moved out. Can they take my car or house

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

Go to Court to mitigate the damages or even get it dismissed for lack of proving the Case. A Judgment can be executed upon in many different ways. Personal Property is usually levied on first. Real Property Executions on a General Sessions Warrant require some special steps for the creditor.... Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: What’s a civil warrant
Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2020

That is a Writ and Summons for a Civil Cause of Action in a Tennessee General Sessions Court. The Service is wrote on its face as well as its final disposition in Court.

2 Answers | Asked in Criminal Law, Real Estate Law, Civil Rights and Lemon Law for Tennessee on
Q: Hello, we just bought a house from someone who “flipped” it after it was foreclosed on & we found lot of mold covered up

We have several walls down due to mold and the floor and ceiling in some areas along with our roof in need of mending to prevent it from coming back this is costing us a lot of money and has been very unsafe for my family we would like to take action against them but are unsure of what kind of... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 9, 2020

You can probably find a general practice attorney who will take the case. Of importance to your case will be the representations made by the seller and whether you received a warranty or bought it "as is." One of their defenses will be whether you had a property inspection or not.

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1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: My mother and brother bought a house together, my bother died my mom got the house because ot was in her and his name.

Who does the possessions go to. He had no will. He had a daughter and my mother gave her his vehicles . what else is his daughter entitled to.

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

If no surviving spouse, then the daughter issue takes everything that was your brother's. The real property may descend one -half to her if the mother and brother were tenants in common. But it would be very different if it was a LE/REM deed or to the survivor. You will need a lawyer to... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Tennessee on
Q: How long can someone b held without a bond even after arraignment

Charges are said to b Agg. Assault, vandalism times 2, violation of order of protection, Arrest 2 prior times, no bond, jail does not have paperwork/warrants, circuit court only meets once a month, arrested this time on july 18th

Anthony M. Avery
Anthony M. Avery answered on Jul 27, 2020

The Defendant needs a real attorney. A written Motion To Set Bonds must be filed and argued. I suspect he has been charged again while being on Probation or out on Bond.

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Can someone please point me in the right direction? I’m lost and I don’t know what to do. We’re young and have no help

I called 911 to help my husband who was having a seizure. The police made me sign papers while he was dying without telling me what they were and while I was frantic and not in my right mind to sign anything due to me trying to get to the hospital to be with my husband. I feel like They are now... Read more »

Cayley Turrin
Cayley Turrin answered on Jul 21, 2020

Yes, I would hire an attorney to fight for you in this matter.

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1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: What should I do if I am told I cant come back to the camper I live in being extorted and strong armed out of my home

I have a contract to buy/live in a camper. The other party is extorting me for more than agreement, and wont let me back In my home. I've already paid 2600 of the 3300 we originally agreed upon and now she wants an additional $1000 out of no where. I have been told if I am seen near the camper... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 28, 2020

I would retain a local attorney soon to file suit against the former owner of the camper. You can also call the police and make a charge of harassment or theft; however, I would let your attorney know before you do that.

3 Answers | Asked in Civil Rights, Contracts, Criminal Law and Civil Litigation for Tennessee on
Q: I need some advice on what I believe is a civil matter ?!?

I was financing an individual one of my vehicles, the individual quit paying only vehicle and from what I have been told has traded the car off for something else and by doing that he forged a bill of sale and then lied to the person he traded to and said he was waiting on the title . I Have not... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 24, 2020

I would turn him to the local Sheriff's office and have them handle it as a theft charge.

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1 Answer | Asked in Civil Rights for Tennessee on
Q: First question. Is it legal to have a lawyer who was either a current employee or former employee of a police department
Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

Yes.. I know of several attorneys in that situation, including friends of mine. No Statute or Canon Of Conduct prevents this.

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