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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Personal Injury, Immigration Law and Civil Rights for Tennessee on
Q: How long would it take to settlement a lawsuit how long it take to win a case if they go to trial on a Risperdal case.

The doctor have paperwork on my case

Tim Akpinar
Tim Akpinar answered on Aug 1, 2021

A Tennessee attorney could advise best, but your question remains open for a week. These product-based actions are sometimes mutli-district cases with heavy dockets. If you have an attorney on the case already, they would know best, based on how far along the case has already progressed. But if the... Read more »

1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: Can I carry a concealed weapon in the state of Alabama if I have a lifetime carry permit issued in Tennessee?

I am a Tennessee resident.

Anthony M. Avery
Anthony M. Avery answered on Jul 22, 2021

You should be able to as reciprocity should apply. Go to the AL forum and ask as laws do change. Remember there may be different restrictions than TN.

1 Answer | Asked in Civil Rights for Tennessee on
Q: I was charged with a class a felony on a child custody case in which I'm not the parent or do I have any legal rights

I was charged with a class a felony on a child custody case in which I'm not the parent or do I have any legal rights to. I was arrested for a vouluntary drug test in which I was never given any results to or was I ever shown. I was mentioned in a child custody case in which I was never... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2021

If there is still time, hire an attorney to file a Government Tort Liability Act suit. It is a one year SOL, with no extensions.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Transfer to Civil court..??

Pro Se, 2 court dates already, did not plead, no contract signed, talk to DA, told me if I wanted to transfer to "Civil Court" (Jurisdiction..??).. Is discovery motion not allowed on a speeding ticket (radar) in TN...??

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2021

Not sure of your question, but it appears you do not know what you are doing. If a speeding ticket, then it is a criminal case.... Appeal De Novo is to Circuit Criminal Court, but a jury is not an option. Discovery is possible but the Court will not actively force the State to comply. A Bond... Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: Can the police take my gun for a domestic if it’s in my name and was not used to harm or scare alleged victim

My fiancé got physical with me and threatened to kill me so I call the police when they arrived we were outside and my firearm was in the house de cocked and unloaded she asked to see the fire arm then took it claiming it was for safekeeping then I was arrested on a domestic charge and I was the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Yes... You need a competent attorney immediately. That Charge is worse than some Felonies. If this does not go right, you will have a permanent Firearm Disability.

1 Answer | Asked in Civil Rights for Tennessee on
Q: I just received a civil summons on 5-27-2021, with a court date on 6-11-2021. The summons was also issued on 1-11-2021

I feel as though the summons has expired past 90 days and I was not given proper notice before court.

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2021

Since it has been served, you could suffer a default if you do not appear in Court. That sounds like a General Sessions Warrant, so the Rules of Civil Procedure do not apply. Hire an attorney to defend you on the merits as it appears you have been afforded your due process notice.

1 Answer | Asked in Civil Rights for Tennessee on
Q: If 911 says they lost a recorded emergency call for "technological reasons" what can I do to enhance my search?

They (911) have been implicated in a series of violations alone with implicating the police involved. In addition I'm worried that they will exhaust a "timeline" for keeping these recordings. I need immediate help in moving forward to avoid what I might think will happen. Please help.

Anthony M. Avery
Anthony M. Avery answered on Apr 27, 2021

You will need to hire an attorney to file a lawsuit in Federal Court. There you ask for discovery and possibly an injunction.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Is it illegal for a detective to interview a person with a mental disability without a third parfy witness

I was arrested but interview by a detective. Without a third party witness or lawyer i also have a mental disability. Plus im the victim of the crime. How is that possible

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2021

It is not an illegal interview and happens alot. You were not required to say anything. Sometimes the absence of, or waiver of, Miranda Warnings will suppress any testimonial evidence acquired by the LEO's.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: My husband who is a vet and works for a firing range got off work went upstairs and asked them to be quite

He did have a gun in him because he just got off work but never put his finger on the trigger or threatened to hurt any of them. Can we fight this till we can find a place

Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2021

What happened? Assuming no criminal charges, you may wish to make the landlord go through the entire process for eviction. A Detainer Warrant must be filed, served or posted, a Judgment for Possession rendered, and if you are not out or appeal within 10 days, a Writ of Possession is issued and... Read more »

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Tennessee on
Q: Is there a statue of limitation on appealing procedure subject matter jurisdiction?

options on appealing subject matters jurisdictiion.

Charles William Michaels
Charles William Michaels answered on Feb 27, 2021

First, I am not a Tennessee lawyer. That being said, whatever are the issues you intend to raise on appeal, the time to appeal is the same. Usually, it's 30 days from the final judgment of the court below. Once the appeal is noted, when you file your brief, you can raise the issue of subject... Read more »

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1 Answer | Asked in Civil Rights and Domestic Violence for Tennessee on
Q: i file order of protection and its signed by a judge but the respondant hasnt been served by police is it in affect?

i filed for order of protection does the other party have to be served before its active?

Anthony M. Avery
Anthony M. Avery answered on Feb 15, 2021

The ex parte order is effective when issued. However it would be difficult or impossible to enforce it if it is never served.

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Tennessee on
Q: i received citation but cop has no info on pink copy except the court date which is dated for1/20 & its1/21 is it via?
Shanone Emmack
Shanone Emmack answered on Jan 11, 2021

you will need to call Maury County clerk's office. Your case will likely be reset because the courts are closed to most in-person proceedings until the end of January. The clerk's office will give you the correct court date.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Can I possess a handgun in my vehicle at 19 in Tennessee?

I work in a gun store and carry on private land separate from where I reside. I am wanting to know if I can keep a handgun in my vehicle for protection at work and at any time I must go to our farm on the private land during these times under the Castle Law or any other law.

Anthony M. Avery
Anthony M. Avery answered on Dec 31, 2020

As a general rule no. If you are military, you might get a HCP. Or you might carry it in the locked trunk unloaded to a firearm instruction class (but I do not advise this). Unfortunately you are two years too young to carry a handgun, so do not do it. A criminal charge will mess you up so... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: If I'm unlawfully stopped by police, under my protected constitutional rights am I required to present my id?

I'm? In Tn.

Paul E. Tennison
Paul E. Tennison answered on Dec 16, 2020

I am unaware of which specific Constitutional right you are referring to. Assuming you mean to invoke the 4th Amendment right against unreasonable searches and seizures. I am unaware of any precedent that states citizens are not required to produce identification when requested to do so. 4th... Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: My sister moved into moms estate 3 years ago stating she'd buy my half out but has yet to do so. What are my options?

We are both executors and the will States if either one of us want the estate we'd have to buy the other out ($20,000). Its been almost 3 years and she has yet to buy the house but has been living there this whole time. During this time she has been non-compliant on multiple occasions and has... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 12, 2020

It appears that both of you have not performed your duties as Executors. You probably want to ask the Probate Court to order sale of the real property if it is actually part of a Will directive. From what you have stated it appears that Partition is not available, as the Will controls. But... Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: My daughter lived with me six months rent free. She moved left ten bags of clothes .What can I do to make her get them.

She loaded up my garage up with ten bags of clothing and shoes, I have asked her several times to get them and put in storage. She haven't did it. Her son come to my house and when he sees them he want to get them and sell some of them but she tells me I am responsible for them. I asked her... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 8, 2020

One option you could consider is to notify her that she has 30 days to retrieve her belongings that she stored at your residence without your permission. If she fails to retrieve them by that time, you will deem them abandoned and dispose of them as you see fit. You could then sell/donate/throw... Read more »

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I had a verbal contract to design a simple website for friend, didn't pay the other half for the service .

I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and... Read more »

Michal Durakiewicz
Michal Durakiewicz answered on Nov 21, 2020

Based on what you have described, you may have a valid and enforceable contract. Whether or not it is a good idea for you to file a lawsuit to recover the unpaid amount depends on a number of factors. First, how much does he owe you? If you file a lawsuit in general sessions court you will be taxed... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Can my apartment complex. Make me take my american flag out of my window and fine me $50 for it hanging.

What about the 2005 display act .

Bennett James Wills
Bennett James Wills answered on Nov 16, 2020

If you are renting, the the terms of your lease would determine what you can and can't put in a window. The Display Act of which you cite is applicable to homeowners - not renters.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: GTLA-removal of immunity. Where can I find the duty owed to me by city police in order to determine negligence?
Bennett James Wills
Bennett James Wills answered on Nov 12, 2020

One place to start your research is 42 USC 1983 and Bivens v. Six Unknown Agents

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: If an attorney keeps stating they do not understand what Motion can be filed against them?
Bennett James Wills
Bennett James Wills answered on Nov 12, 2020

Your question is not clear. Try posting again with more specific information.

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