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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: If a disabled person cannot find new housing within the agreed 60 days, can the landlord immediately evict them?

The landlord initially attempted to increase the rent by $275 but then dropped down to $175. The tenant decided at the end to not renew lease and was given 60 days to vacate the premises. New housing had not been secured within the 60 days and he asked for additional time but was refused. Is this... View More

Anthony M. Avery
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answered on May 24, 2023

Being disabled does not give you special leasing privileges. However written or oral notice to leave does not give possession to owner. A Detainer Warrant being filed, served and granted judgment upon is necessary first.

1 Answer | Asked in Civil Rights and Traffic Tickets for Tennessee on
Q: Can a university charge for parking, including marked handicap spots? Would this not violate ADA, Nashville code?
Anthony M. Avery
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answered on May 24, 2023

Charges for parking occur everywhere in TN, handicapped or not.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Police brutality help
Anthony M. Avery
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answered on May 24, 2023

What is your question?

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Tennessee on
Q: Can I get my license back while making payments on fines from a dui twelve years ago?

I'm now unable to work and disabled but still need to go to doctor visits and the store.

Henry Ambrose
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answered on May 22, 2023

You likely need a lawyer for this. If you have fulfilled the requirements of the law at the time of your conviction you may be able to get your license again. If you were required to have an interlock device on your car and did not, you might have to do that and get a restricted license while its... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Energy, Oil and Gas and Probate for Tennessee on
Q: The electric company will not turn on service. I showed them a will. The house goes to us 3 daughters.

I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the... View More

Anthony M. Avery
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answered on May 17, 2023

If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an... View More

1 Answer | Asked in Civil Rights for Tennessee on
Q: Do the police have a right to make a traffic stop on private property

A family member was pulled over on my property. the officer placed him under arrest. I ask the officer to leave my property he refused to leave. Then he threatened to arrest me for tell him to get off my property. And told me to say out of his traffic stop that was on my private property.

Anthony M. Avery
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answered on May 3, 2023

From the facts stated, the LEO conducted his stop properly. You are lucky you were not arrested.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Am I eligible for the current Facebook class action settlement?

I received a FB notice about this settlement: Facebook, Inc. Consumer Privacy User Profile Litigation, Case No. 3:18-md-02843-VC, United States District Court for the Northern District of California. After several tries by phone & email, I cannot get a suitable answer to my question from their... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 28, 2023

https://www.facebookuserprivacysettlement.com/#home

Cut and paste this link - Review this page and then there is a link to fill in a claim.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: are cops allowed to take our phones
Anthony M. Avery
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answered on Apr 19, 2023

Very often they take them as evidence of crimes, so yes. If you are not charged with a crime, then you can ask for them back or sue the LEO for conversion.

1 Answer | Asked in Traffic Tickets and Civil Rights for Tennessee on
Q: In Tennessee are you required to give your SSN in order to receive a traffic citation?

I had an officer demand mine for the ticket and threaten to detain me and impound my car if I didn’t give it. I’ve been driving over 30 years and this was the first time I’d ever had an officer even request it, let alone threaten to cuff me and put me in his car. Then when he gave me the... View More

Anthony M. Avery
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answered on Apr 19, 2023

Whether to cite or arrest you is the LEO's discretion. So if you do not cooperate, he may arrest you. The SSN is available from the Department of Safety. Hire an attorney to represent you as you have already made the cop mad.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a former admin law judge for TN Dept of HHS, act on behalf as Guardian for a disabled teen in the 10 grade

My son was removed from his grandmother's house illegally without a signed court order from the judge. and his wife who also is an attorney was a assistant Council for the Department of Children Services is that legal or is that a conflict of interest. I know what my answer is but I want to... View More

Anthony M. Avery
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answered on Apr 5, 2023

No obvious conflicts shown. It sounds like he is practicing law in an area he knows well. Hire your own attorney.

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a volunteer fire department suspend or terminate a firefighter in tennessee over claims of hearsay
Anthony M. Avery
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answered on Mar 28, 2023

That is not employment related, but organizations can govern themselves. If some organization guideline or handbook rule has been violated, then the offended member/former member can assert his rights under those rules. But Tennessee Law rarely applies, and Court action rarely interferes.

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: I have documentation stating that my husband is innocent. the judge is refusing to let him out, need help please

My Husband is being detained on charges that he did not commit. I have the documentation, also a compact disk showing my husband was set up. the charges are as follows (1) capias, out of criminal court (2) bond revocation. I have all documents. Hancock County court and Claiborne County court have... View More

Anthony M. Avery
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answered on Mar 27, 2023

Documentation is usually Heresay, but leads to Witnesses. Husband needs an attorney to represent him, so hire a competent one. Having charges in multiple Counties is difficult and expensive, as reaching a disposition in one Court just puts in jail in another County. Whatever he has been doing... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Tennessee on
Q: Can I file a lawsuit for discrimination on behalf of a deceased relative?

I have notes written by the deceased with dates, documentation of instances and circumstances of unfairness and irregularities, unresolved complaints, etc.

Anthony M. Avery
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answered on Mar 8, 2023

The most important witness is the plaintiff as to both the cause of action and damages. It is doubtful you could prosecute the case. Alot of what you have is heresay, even with the declarant dead.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Do I need hire my husband a lawyer I don't know if it's his 2 or 3 violation of probation what should I do

What will be looking at I just don't know what to do 5 have kids and I'm trying to get all my ducks in the row but if it's worth getting a lawyer I need one

Cayley Turrin
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Cayley Turrin
answered on Feb 13, 2023

It is always worth getting an attorney for any criminal matter.

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
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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.

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... View More

Anthony M. Avery
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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.

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
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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?
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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.

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