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McGhee v. Grainger County, TN, Class Action Complaint, Sexual Abuse, 2022

Brief • April 12, 2022

Filed under: Sexual Abuse/Harrassment/Exploitation

McGhee v. Grainger County, TN, Class Action Complaint, Sexual Abuse, 2022 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE NORTHEASTERN DIVISION CANDACE MCGHEE and CHASITY BAILEY, individually, and on behalf of all others similarly situated, ) ) ) ) Plaintiffs, ) ) v. ) No. _______________________ ) GRAINGER COUNTY, Tennessee …

Busby v. Bonner, TN, Order Granting in Part and Denying in Part Motiont to Enforce, Covid Response, 2022

Brief • March 30, 2022

Filed under: COVID-19

Busby v. Bonner, TN, Order Granting in Part and Denying in Part Motiont to Enforce, Covid Response, 2022 Case 2:20-cv-02359-SHL-atc Document 316 Filed 03/30/22 Page 1 of 22 PageID 5822 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION FAVIAN BUSBY and MICHAEL EDGINGTON, on …

They Told Her She Could Register to Vote. Why Should She Be in Prison for Their Error?

Article • March 7, 2022

Filed under: Racial Discrimination, Voting Rights Act, Felon Disenfranchisement Statute

They Told Her She Could Register to Vote. Why Should She Be in Prison for Their Error? by Brooke Kaufman by Brooke Kaufman  A USA Today Opinion article from Georgina Yeomans and Kevin Jason, who serve as assistant counsel at the NAACP Legal Defense and Educational Fund Inc., questions the …

Garrett v. Metropolitan Government of Nashville, TN, Complaint Wrongful Conviction, 2022

Brief • January 21, 2022

Filed under: Wrongful Conviction

Garrett v. Metropolitan Government of Nashville, TN, Complaint Wrongful Conviction, 2022 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE, AT NASHVILLE PAUL SHANE GARRETT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. Metropolitan Government of Nashville, Roy Dunaway, Individually, …

"Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause"

Article • September 15, 2021 • from CLN October, 2021

Filed under: Habeas Corpus, Testimonial Statements, Unpublished/Withdrawn/Redacted Decisions

"Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause" by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that a witness’ edited statement from a prior trial, saying that she …

SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct

Article • July 15, 2021 • from CLN August, 2021

SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct by Dale Chappell by Dale Chappell In a case that further narrowed the problematic Armed Career Criminal Act (“ACCA”), the Supreme Court of the United States (“SCOTUS”) held on June 10, 2021, that a “violent felony” …

News in Brief

Article • July 15, 2021 • from CLN August, 2021

Filed under: News in Brief

News in Brief by California: Two San Diego Police Department (SDPD) officers repeatedly punched a homeless Black man they were arresting on May 12, 2021, after they allegedly caught him attempting to urinate in public. According to a report by the Washington Post, the incident was captured on a cellphone …

SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment

Article • June 15, 2021 • from CLN July, 2021

Filed under: Habeas Corpus, AEDPA

SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment by Dale Chappell by Dale Chappell In a case without oral argument, the Supreme Court of the United States (“SCOTUS”) summarily reversed the grant of a new trial to a state prisoner on March 29, 2021, …

Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant

Article • May 15, 2021 • from CLN June, 2021

Filed under: Arrest Warrants, Inevitable Discovery Doctrine

Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant by Anthony Accurso by Anthony Accurso In an opinion filed Feb. 23, 2021, the Supreme Court of Tennessee suppressed the evidence located during a sweep of defendant’s home because the search of the home was …

News in Brief

Article • April 15, 2021 • from CLN May, 2021

Filed under: News in Brief

News in Brief by Arizona: A week after he was shot chasing a suspect, an off-duty police officer from Alberquerque, New Mexico, was arrested on February 21, 2021, for aggravated DWI. According to a report by local TV station KRQE, Officer Fouad Cherair, 29, was found by police in the …

Image of Men Urinating on Grave Protected by First Amendment

Article • March 15, 2021 • from CLN April, 2021

Filed under: First Amendment, rights, Pornography/Pornography Laws

Image of Men Urinating on Grave Protected by First Amendment by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Agents with the Tennessee Bureau of Investigation (“TBI”) and officers with the Dickson Police Department would be well advised to take the time to read the Constitution of the United States, namely …

Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply

Article • January 15, 2021 • from CLN February, 2021

Filed under: Sentence Enhancements/Departures, Sentences - Authorized

Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply by Dale Chappell by Dale Chappell In a case where the Government failed to prove that firearm enhancements applied at sentencing, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S. District Court for the …

Jennette v. Stallings, TN, Complaint, Wronful Death, 2020

Brief • October 14, 2020

Filed under: Wrongful Death

Jennette v. Stallings, TN, Complaint, Wronful Death, 2020 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE COLUMBIA DIVISION DOMINIQUE JENNETTE, as next friend of William Edward Jennette, Jr., deceased, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) PLAINTIFF, …

News in Brief

Article • September 15, 2020 • from CLN October, 2020

Filed under: News in Brief

News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …

Smith v. CoreCivic, Inc., et al, TN, Complaint, Medical Neglect, 2020

Brief • August 19, 2020

Filed under: Corrections Corporation of America/CoreCivic, Failure to Treat (Mental Illness), Suicides

Smith v. CoreCivic, Inc., et al, TN, Complaint, Medical Neglect, 2020 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JOHN SMITH and SOYNIA SMITH, as survivors and next of kin of ADDISON SMITH, deceased, Plaintiffs, vs. Case No. 3:20-cv-00563 CORECIVIC, INC., DAMON T. HININGER, …

Smith v. CoreCivic, Inc., et al, TN, Complaint, Medical Neglect, 2020

Publication • August 19, 2020

Filed under: Corrections Corporation of America/CoreCivic, Failure to Treat (Mental Illness), Suicides

Smith v. CoreCivic, Inc., et al, TN, Complaint, Medical Neglect, 2020 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JOHN SMITH and SOYNIA SMITH, as survivors and next of kin of ADDISON SMITH, deceased, Plaintiffs, vs. Case No. 3:20-cv-00563 CORECIVIC, INC., DAMON T. HININGER, …

New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families

Article • February 19, 2020 • from CLN March, 2020

Filed under: Family, Fathers in Prison, Mothers in Prison, Parental rights, Children of Prisoners

New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families by Sandy Rozek by Sandy Rozek, NARSOL In some of our border states, children sit in detention camps, taken from their parents and held for a reason deemed good by some in our society. Half the country away in the …

HRDC v. Marshall County, TN, Settlement, Publications, 2020

Filing • January 23, 2020

Filed under: Settlements, Publications/Books, PLN Litigation, HRDC Publications

HRDC v. Marshall County, TN, Settlement, Publications, 2020 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("the Agreement") is entered in effect as of November 20, 2019, by and between Human Rights Defense Center and Marshall County, Tennessee. WHEREAS, all claims have been presented or otherwise could have been …

Tennessee Comptroller of the Treasury Performance Audit Report, Department of Correction, TN, 2020

Publication • January 1, 2020

Filed under: Sexual Assault, Corrections Corporation of America/CoreCivic, Sexual Harassment, Medical, Injury -- Misc., Mental Health, Suicides

Tennessee Comptroller of the Treasury Performance Audit Report, Department of Correction, TN, 2020 Department of Correction January 2020 DEBORAH V. LOVELESS, CPA, CGFM, CGMA Director State Agency Audits KANDI B. THOMAS, CPA, CGFM, CFE, CGMA Assistant Director Information Systems DANIEL V. WILLIS, CPA, CISA, CGFM Assistant Director JENNIFER WHITSEL, CPA, …

Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State

Article • December 19, 2019 • from CLN January, 2020

Filed under: Jury Instructions

Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State by Douglas Ankney by Douglas Ankney The Supreme Court of Tennessee reversed Brandon Cole-Pugh’s conviction because the trial court refused to instruct the jury on the defense of necessity. …