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Tennessee Civil Rights Questions & Answers
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... View More

Anthony M. Avery
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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... View 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
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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.

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??

Jon David Rogers
Jon David Rogers
answered on Oct 27, 2022

Unfortunately, the U.S. Supreme Court has ruled that the statute regarding civil forfeiture of property used in the commission of certain crimes, including a 2nd DUI is not a violation of the Double Jeopardy Clause.

The forfeiture statute, which changed in 2015, states that the vehicle...
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1 Answer | Asked in Civil Rights for Tennessee on
Q: State of Louisiana is it legal to post police body cam footage that can get an individual killed in prison
James L. Arrasmith
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answered on Apr 12, 2024

If you have concerns about police misconduct, I would suggest speaking with a lawyer about appropriate legal channels to address the situation. Violence or extrajudicial retaliation is never the right approach.

2 Answers | Asked in Civil Rights for Tennessee on
Q: I am a German citizen and lent money to an American.Now she refuses to give it back. Is there something I can do?

Hi,

in the corona times I helped a friend to get out of China. She travelled over Morocco and then got stuck there.

She asked for help and we knew each other from a business tripp in China. So, I helped her to get back to America.

We agreed that she repays me, when she... View More

Anthony M. Avery
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answered on Jan 4, 2024

Contact an attorney in the County of TN she resides in. Check out all info available about your potential defendant. If employed, a judgment might be collectable by garnishment. If there is not enough money involved, then forget about it. You will need to appear in Court to give testimony... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Medical Malpractice for Tennessee on
Q: I have an insane civil rights violation. Failure to provide medical assistance to someone dieing and so much more.

Can I sue them for medical negligence due to the fact they admit and sign that he is not doing good. He had double pneumonia in both lunches and asperated. They lied to me for 3v whole days and said he was fine. They discharged him to the ER unconscious. Although he isn't allowed a furlough bc... View More

James L. Arrasmith
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answered on Dec 30, 2023

I'm sorry to hear about the situation you're facing. It sounds like you have grounds to consider a lawsuit for medical negligence, especially if there is an admission of the person not doing well and evidence of inadequate medical care leading to serious health consequences.

In...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Medical Malpractice for Tennessee on
Q: I have an insane civil rights violation. Failure to provide medical assistance to someone dieing and so much more.

Can I sue them for medical negligence due to the fact they admit and sign that he is not doing good. He had double pneumonia in both lunches and asperated. They lied to me for 3v whole days and said he was fine. They discharged him to the ER unconscious. Although he isn't allowed a furlough bc... View More

James L. Arrasmith
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answered on Dec 30, 2023

I'm sorry to hear about the situation you're facing. It sounds like you have grounds to consider a lawsuit for medical negligence, especially if there is an admission of the person not doing well and evidence of inadequate medical care leading to serious health consequences.

In...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Tennessee on
Q: Why did authorities not contact my daughter emergency contact when she was arrested then found dead?

I would also like to know why they didn't have her evaluated when she asked to be evaluated? Why is she dead now? I can't get answers from anyone.. she was 22 years old she called for help that she was in danger and scared. They found her on the barge on the 21 of October please help me... View More

Anthony M. Avery
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answered on Nov 1, 2023

You are going to have to hire an attorney and an investigator in TN. Sorry but no other response is appropriate. Start here on Justia.

1 Answer | Asked in Employment Law, Libel & Slander, Civil Rights and Employment Discrimination for Tennessee on
Q: In 2020, I was wrongfully arrested for an attempted second degree murder, and i haven't been able to get a job since.

I wasn't connected to the attack but the victim was my best friend. They had put out a warrant for my arrest and put me on the news as armed and dangerous when their evidence wasn't solid at all. All charges we dropped but only after I bonded myself out and provided video evidence proving... View More

Anthony M. Avery
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answered on Oct 17, 2023

The SOL for such civil rights/GTLA actions has been extended a little in TN. You did not state the date the prosecution was dismissed. If you want to pursue this, you will need to get in gear fast, and the SOL may have already run. If indicted, most Courts find probable cause for the arrest.

2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: can you amend update or add to a police report before a trial or if the police report has been adjudicated
John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Police reports are routinely amended and supplemented as new information is discovered or errors are corrected.

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1 Answer | Asked in Civil Rights for Tennessee on
Q: Do you have to give a police officer your full social security number and are the allowed to give to complaint
Anthony M. Avery
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answered on Oct 4, 2023

Not sure of your question, but a suspect can remain silent. However an arrest may occur for several different reasons.

1 Answer | Asked in Civil Litigation, Personal Injury and Civil Rights for Tennessee on
Q: Can an officer testify that he was on the phone w/ someone who OBVIOUSLY was lying & I get convicted? Isn't that hearsay

A woman said that we were reloading suggesting that we were shooting at her and telling the officer on the phone this and he found out that it wasn't true. 10 officers held guns to our heads but had to let us go. Would this not be hearsay? The officer said that the woman was insistent that she... View More

Anthony M. Avery
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answered on Sep 29, 2023

You have to cross examine the LEO when he testifies against you. Does not sound like heresay for all of those facts, but probably some of it is. Without an arrest I doubt enough damages exist for a civil rights suit. Some other lawyer might want to sue, but I would not.

1 Answer | Asked in Civil Rights for Tennessee on
Q: Minor with citation for trespassing on school grounds. School board is not pressing charges. Police officer is.

Minor (student) entered school premises through an unlocked door during the weekend. The police officer on duty reviewed the footage and charged the student with trespassing. The school suspended the student but did not plan on further action. The police officer is not dropping the citation. Is... View More

Anthony M. Avery
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answered on Sep 12, 2023

Hire a competent attorney to represent him in Juvenile Court. It should not be serious, but defendant needs to be respectful and remorseful. Juvenile Records are sometimes used against you later. Diversion and Dismissal may be advisable.

2 Answers | Asked in Bankruptcy, Foreclosure, Agricultural Law and Civil Rights for Tennessee on
Q: How can I find a lawyer pro bono ?

I have identity theft that has effected every thing about me and financially

White collar crime in my name that seems to have followed me from The State of Florida

Timothy Denison
Timothy Denison
answered on Sep 7, 2023

Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.

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1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Do you have to open a hotel room door for the police if they are looking for a friend that is not listed as a hotel gues

If my friend Peter has a hotel room in his name only and the police come looking for his friend James who is not listed as a hotel guest does Peter have to open the door for the police?

Cayley Turrin
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Cayley Turrin
answered on Aug 22, 2023

That is a very broad question and would depend on a variety of factors.

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Tennessee on
Q: How long can TN hold you with no indictment or conviction on a A class felony offense?

They are innocent being prosecuted in a racist hick town with little evidence and bad sources so any loop holes to avoid my family dying a martyr would be ever so helpful

Anthony M. Avery
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answered on Aug 7, 2023

Indictment for an A Felony usually garners a large Bond. If not made, defendant stays in jail until trial. Defendant needs an attorney to move to reduce Bond. Sometimes special Bond Conditions can be ordered besides just cash.

1 Answer | Asked in Civil Rights and Insurance Defense for Tennessee on
Q: what is the penalty for a courts failure to appoint a guardian adlightum for a minor with infant? /
Anthony M. Avery
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answered on Jul 17, 2023

That is the Court's prerogative. The minor can file a request for a rehearing or even an appeal, but was the motion made? The minor apparently either needs an attorney or represent himself.

2 Answers | Asked in Personal Injury, Traffic Tickets, Civil Rights and Libel & Slander for Tennessee on
Q: If I'm sitting at a RED light & the driver in front of me backs up, hitting me, why am I getting tickets?

The driver's ball hitch hit our front tag, no damage. Driver continued on. We went to the ATM & are surrounded by approx 5 officers pointing guns at our heads. I got 2 tickets, 1 for leaving the scene & tailgating. We were STOPPED. WE WERE HIT. We were at our bank's drive-thru... View More

Anthony M. Avery
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answered on Jun 7, 2023

Since no arrest, only a short stop and detainment, damages are minimal. The Tickets(Citations) must be dismissed by the Court. So you need an attorney to go to Court on the Rule Of The Road Violations, and an attorney that knows GTLA law so a Federal Civil Rights Suit can be brought, or at... View More

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1 Answer | Asked in Civil Rights for Tennessee on
Q: We are living in a common passage with first position belongs to one person, Second portion belongs to us,

We are living in a common passage with first position belongs to one person, Second portion belongs to us, We have reconstructed our portion and planned to make slope from the first portion end to our portion for our access, beyond our portion there are 4 more portions. Now the first portion... View More

Anthony M. Avery
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answered on May 24, 2023

I have no idea what you are asking about but assume it is an easement. Easements are for all benefitted parties to use, not just for using one part. A chancery declaratory judgment action may be necessary to enforce your rights of ingress/egress. Contact an attorney and search both... View More

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