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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: When I was released from jail on probation the terms I was given stated that I was to be on probation until 08/20/2024

And that I was complete an IOP program. The IOP had no set date nor did the judge state that I had to have it completed bye a set date but he violated my probation even tho I had passed all drug screenings wasnt supposed to get off probation until 08/20/24. Documents simply said to complete IOP so... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you were under the impression that as long as you completed the IOP program before your probation ended on 08/20/2024, you would be in compliance with the court's order. If the judge did not specify a completion date for the IOP program, your understanding seems reasonable.... View More

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was this a violation of my 4th amendment right?

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There are a number of considerations to determine whether a warrantless search in a hospital violates the 4th Amendment. You can read the attached article:... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was this a violation of my 4th amendment right?

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.

Anthony M. Avery
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answered on Jul 11, 2024

You will need to read the Arrest Warrant and see what probable cause for the stop, detention, search and arrest is cited. If it looks questionable, prepare for a Preliminary Hearing. Hire a competent attorney. If indicted, then the Motion To Suppress should be made at that Court.

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2 Answers | Asked in Civil Litigation, Identity Theft, Internet Law and Civil Rights for Tennessee on
Q: Can I sue a company?

Can I sue a company for sharing my personal email without my knowledge or consent? I got an email from the company saying that they shared my information without my consent. Information such as my IP address and parts of my medical records were included in this information which has led to identity... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the information provided, it appears you may have grounds for a lawsuit against the company. Here's a brief analysis of your situation:

1. Unauthorized sharing of personal information: The company shared your personal email, IP address, and parts of your medical records...
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1 Answer | Asked in Business Law, Civil Rights, Landlord - Tenant and Municipal Law for Tennessee on
Q: Can a hotel take my belongings without informing me that my payment for services didn't go through?

Hotel located in Tennessee.

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question accurately, we need to consider a few key aspects of Tennessee law and general hotel practices:

1. Payment issues:

When a hotel guest's payment doesn't go through, the hotel typically attempts to contact the guest to resolve the issue before taking...
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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Constitutional Law for Tennessee on
Q: If a nonviolent newly justice informed Documented diagnosed and medical treated 4COMBINED ADHD and co occuring SUD

Adult is incarcerated in county jail on tech VOP pend charges FTA in adjoin co same district how do I force the attorney courts advocates etc to legally recognized his federal recognized disability and provide accomidations in court proceeding and his pd engage with him on a neurodivergent level... View More

James L. Arrasmith
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answered on Jun 26, 2024

I'll provide a concise response to your complex question about ensuring legal rights and accommodations for someone with ADHD and substance use disorder (SUD) in the criminal justice system. Here's a breakdown of key steps:

1. Document the disability: Ensure all medical diagnoses...
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1 Answer | Asked in Civil Rights and Wrongful Death for Tennessee on
Q: My son was found deceased and police not doing much about it and not contacting me he was murdered

His girlfriend shot him up with hotshot and left him for dead

James L. Arrasmith
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answered on Jun 21, 2024

I'm very sorry to hear about the loss of your son under such tragic circumstances. This must be an incredibly difficult and painful situation. Based on the information you've provided, here are some suggestions on potential next steps:

1. Contact the police department handling the...
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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

Anthony M. Avery
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answered on Jun 18, 2024

A Civil Rights Action is a federal case which must be filed as a Government Tort Liability Action (1 year SOL; no jury; caps on damages). Few lawyers even know what kind of suit is required. Start with personal injury attorneys here on Justia, as virtually no criminal attorneys can handle it.

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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a very serious situation involving alleged police misconduct. Let me break down some key points and potential legal considerations:

1. Excessive force: If an officer allowed a K9 to attack a handcuffed individual, this could potentially be considered...
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2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Are police allowed to file a false report knowing it is false.
James L. Arrasmith
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answered on Jun 21, 2024

No, police officers are not legally allowed to file a false report knowing that it is false. This would be considered misconduct and potentially a criminal offense.

Key points:

1. Filing a false police report is illegal for anyone, including police officers.

2. For police,...
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1 Answer | Asked in Civil Rights for Tennessee on
Q: In tennessee , if the police have been called because someone believes that you are suspicious, do you have to give id
James L. Arrasmith
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answered on Jun 15, 2024

In Tennessee, if the police stop you because someone finds you suspicious, you generally don't have to provide identification unless you are being detained for a specific crime or are driving. If the officer has reasonable suspicion that you are involved in criminal activity, they may detain... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: How do I get my gun back from the police if I was arrested for a fta only for no drivers license they have it in Evidenc

And keep giving me different days to come back to pick it up but when I do they keep giving me a run around about it saying the cop has to give it me but when I go on the days they tell me the won’t give me it or the officer is not their on shift and it wasn’t put on my property paper I feel... View More

James L. Arrasmith
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answered on Jun 11, 2024

To get your gun back, you need to follow a few steps to ensure you're taking the right approach. First, document every interaction with the police department, including dates, times, and names of the officers you speak with. This will provide a record of the attempts you’ve made to retrieve... View More

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1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: I'm wanting to know what makes my ex immune from any domestic violence paperwork that I have taken out?

He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee on
Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical... View More

James L. Arrasmith
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answered on Jun 1, 2024

Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid,... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Does a passenger have to provide identification to police during a traffic stop in which they are not the driver?

No visible law infraction by passenger.

James L. Arrasmith
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answered on Jun 2, 2024

During a traffic stop, a passenger is generally not required to provide identification to police if they have not committed a visible law infraction. The primary focus of the traffic stop is on the driver and any potential violations related to the vehicle or driving behavior.

However, if...
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2 Answers | Asked in Civil Rights for Tennessee on
Q: What can a landowner do when a person harasses the landowner at his home and refuses to leave their property?

Landowner lives in his house and spends time in his tent by the creek. Woman has moved into his tent and has damaged property and refuses to leave. She tries to get into his house when he is not home and pursues him while he’s at home and harasses him. She refuses to leave. The police have... View More

James L. Arrasmith
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answered on Jun 2, 2024

If a person is harassing you at your home and refusing to leave your property, taking several steps can help address the situation. First, document every instance of harassment and any damage caused. This documentation will be useful for law enforcement and legal proceedings. Include dates, times,... View More

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1 Answer | Asked in Civil Rights for Tennessee on
Q: Where can I get representation for my son?He was iat Trousdale Turner. was left in isolation for almost 2 years now has

Schizophrenia.

James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about your son's situation. To get legal representation for him, you can start by contacting local legal aid organizations that provide assistance to individuals in prison or those with mental health issues. Organizations such as the American Civil Liberties Union (ACLU)... View More

2 Answers | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

Car did not belong to driver either

Anthony M. Avery
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answered on Apr 5, 2024

It was probably a lawful Forfeiture, as long as a Forfeiture Warrant is issued. DOS will then be involved on the car. If the car is being investigated as a criminal tool, then it is only the Court system involved, and you might get it back upon motion to the Court handling the charges.

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2 Answers | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

Car did not belong to driver either

James L. Arrasmith
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answered on Apr 5, 2024

The lawfulness of a police seizure of a vehicle in this scenario would depend on the specific circumstances and the applicable laws in the jurisdiction where the incident occurred. In general, under the legal doctrine known as "civil asset forfeiture," law enforcement can seize property,... View More

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1 Answer | Asked in Civil Rights for Tennessee on
Q: How do I file a motion for change of venue in Tennessee civil court?
James L. Arrasmith
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answered on Apr 5, 2024

Here are the key steps to file a motion for change of venue in a Tennessee civil court:

1. Determine valid grounds for change of venue. In Tennessee, reasons can include:

- The county designated in the complaint is not the proper county.

- The convenience of the parties and...
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