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Tennessee Civil Rights Questions & Answers
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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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 »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 10, 2023

It sounds like you have told them not to call you- I suggest you block the number.

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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...
Read more »

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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 »

2 Answers | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

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1 Answer | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: Dear Sir / Madam, In India, does an unoccupied flat in an apartment come under maintenance fee ?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

You probably need an attorney in India. But read the lease first to see if there are exceptions to the maintenance fee requirements.

Q: How do I get a good Lawyer for free
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It could depend on what your matter involves. There are attorneys who donate their time to work for free (pro bono) and legal aid societies that offer their assistance as a public service. But these tend to be... Read more »

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Tennessee on
Q: How do I go to police after running away and not go back to my dad I want to live with mom but she has no custody TN

I ran away from my dad's house because I wasn't mentally well I was always depressed and I couldn't get help. My dad's wife told me I said therapy wouldn't work after I went to an evaluation and wanted to go back. They've been very manipulative using the fact that my... Read more »

Henry Ambrose
Henry Ambrose PRO label
answered on Aug 11, 2022

Your situation is complicated and difficult to answer on-line without lots more information, If you are not safe please go to the nearest police department and ask for help.

Here is another idea:

https://youthvillages.org/about-us/locations/tennessee/

Call them and tell them...
Read more »

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Sexual Harassment for Tennessee on
Q: In Middle TN. It is illegal to point your home security cameras at a neighbors front door and record them?

My husband and I live in a private camping community in Nunnely, TN. Our neighbor to the left of us keeps pointing his home security cameras at the front of our camper and records us. We have on multiple occasions caught him creeping around spying on us. And also has recently stole from us. The... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 9, 2022

Tennessee is a one party recording state. If the cameras are on his property and otherwise in public, then he can pretty much aim them anywhere. You may have a civil claim for invasion of privacy (statutory and common law) depending on needing more facts. Consult local counsel to see what, if any,... Read more »

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