TBA Law Blog


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Posted by: Julia Wilburn on Aug 20, 2024
News Type: Legal News

A report compiled by the Major Cities Chiefs Association, a group for police leaders in America's most populous cities to discuss policing challenges, found that violent crime in Memphis is down compared to last year, as it is in many major cities around the country. The findings line up with the Memphis Police Department's own reporting of declining crime trends. The report includes preliminary data from 69 different U.S. cities compiled from the FBI's National Incident-Based Reporting System, which shows major violent crime in those cities had dropped just over 6%. The data tracks the first six months of the year, from Jan. 1 through June 30, and compares it to that same time frame in 2023. The Commercial Appeal has the story.

Posted by: Julia Wilburn on Aug 20, 2024

A new law took effect on July 1 that "requires, rather than authorizes" local law enforcement to report an individual’s immigration status to federal authorities when inputting individuals’ immigration status into databases shared with federal agencies. The Metro Nashville Police Department is opposed to the new measure, but others around the state may be less so, and given the broadness of the language, there could be considerable variation in how the measure is enforced, reports the Nashvile Banner. Chattanooga Sen. Todd Gardenhire, the only Republican to vote against the law, said he feared it could be interpreted to force school resource officers to report children to federal immigration officers.

Posted by: Julia Wilburn on Aug 20, 2024

Sen. Todd Gardenhire, R-Chattanooga, will appeal Chancellor I'Ashea Myles' ruling that the Covenant School shooter's writings are exempt from the Public Records Act and will not be released publicy. Gardenhire, who is chair of the Tennessee Senate’s Judiciary Committee, said he believes the records should be open to the public to help form policy as lawmakers consider gun-related legislation in response to the shooting, according to the Tennessee Lookout. “This case really boils down to the state law and how it affects the open records, at least in this particular courtroom. That’s why it’s so important to not set a bad precedent based on emotion and political influence in Davidson County,” Gardenhire said. “[I]f we’re going to craft legislation to help prevent these types of tragedies, we have to know what was going through the mind and motive of the person that did the shooting.”

Posted by: Julia Wilburn on Aug 20, 2024
News Type: Legal News

The U.S. Justice Department (DOJ) has opened an investigation into the conditions at Trousdale Turner Correctional Center, a Tennessee Department of Correction facility operated by the private correctional management company CoreCivic. Trousdale Turner, located approximately an hour outside of Nashville, is Tennessee’s largest correctional facility. After an extensive review of publicly available information, state audits that have flagged dangerous understaffing and safety concerns since Trousdale Turner first opened in 2016, and insights gathered from stakeholders, the department says it found significant justification to open an investigation. The investigation will examine whether Tennessee protects those incarcerated at Trousdale Turner from harm, including physical violence and sexual abuse. Read the press release from the DOJ.

Posted by: Julia Wilburn on Aug 20, 2024
News Type: Legal News

A federal judge has ruled that three Tennessee Department of Children's Services (DCS) employees can be held liable for their conduct after a traffic stop led to five small children being taken from their mother last year, reports the Tennessee Lookout. Bianca Clayborne in February filed a lawsuit alleging her constitutional rights and those of her children were violated following a misdemeanor traffic stop in February 2023. The ruling by U.S. District Judge Clifton Corker allows Clayborne’s attorneys to move forward with claims the DCS workers violated the family’s Fourth Amendment Constitutional protections against unlawful search and seizures, as well as claims of false arrest and false imprisonment under Tennessee law. The judge dismissed Clayborne’s separate claim that the actions of DCS employees, in seeking an emergency court order to remove the children, violated her constitutional guarantee to due process.

Posted by: Julia Wilburn on Aug 19, 2024
News Type: Legal News

The Tennessee Bar Foundation has announced the 2025 Tennessee IOLTA (Interest on Lawyers' Trust Accounts) grants application is open. The IOLTA program generates funds that are used to provide grants to Tennessee nonprofit organizations to provide civil legal services to the poor and/or work to improve the administration of justice. The foundation especially encourages applications from organizations that are new to the IOLTA program. For the first time, the foundation's grant process will be online. Organizations may create a unique user account on a grants management portal and draft and submit their applications entirely online. The deadline for submitting this year's grant application is 11:59 p.m. CDT on Sept. 26. Get more information on the foundation's website.

Posted by: Stacey Shrader Joslin on Aug 19, 2024
News Type: Legal News

Attorneys general from 10 additional states have joined the U.S. Department of Justice’s suit against Live Nation, arguing that the concert promoter and Ticketmaster illegally inflated concert ticket prices and hurt artists. The filing also added claims for triple damages on behalf of state residents. About two dozen states, including Tennessee, and a number of other plaintiffs allege that the companies monopolized markets across the live concert industry. In a statement issued today, Tennessee Attorney General Jonathan Skrmetti welcomed the new states to the suit. “I am grateful for our ongoing partnership with the U.S. Department of Justice's Antitrust Division in this great bipartisan effort, coming on the heels of our historic win against Google’s search monopoly,” he said.

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

Tennessee courts are lagging behind other government agencies in adopting technology to increase transparency and accessibility, according to a report from the Nashville Banner, while public trust in the courts has declined for years, according to the National Center for State Courts. Despite calls for more open court proceedings, including live streaming and virtual options, implementation varies across the state. The paper found that while higher courts stream oral arguments, lower courts often lack such technology due to resource constraints and privacy concerns. It also found that e-filing is limited to larger counties, and the COVID-19 pandemic highlighted disparities in judges' technological proficiency. The Tennessee Supreme Court created a committee in 2023 to develop a strategic plan for broader technology adoption. However, challenges remain in balancing efficiency with public access. A spokesperson from the Administrative Office of the Courts told the Banner that “deploying scalable technology solutions is a priority.”

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

The Federal Trade Commission’s (FTC) new rules barring non-compete agreements for most workers is facing a third legal challenge. A tax services firm and the U.S. Chamber of Commerce, among others, have sued the FTC in Texas, and a federal judge has temporarily blocked the agency's ban pending outcome of that case. A Florida retirement community has challenged the rule, arguing it would harm its business model. And a Pennsylvania tree service has sued, contending the ban infringes on states’ rights to regulate employment laws. The cases are pending in the three states and could reach the U.S. Supreme Court, Knoxville News Net reports.

Posted by: Azya Thornton on Aug 19, 2024
News Type: Legal News

A family is suing Bristol police and paramedics after a police body camera video obtained by the Associated Press revealed their son, Austin Hunter Turner, was subjected to excessive force during a medical emergency. The family says the footage contradicts the official determination of a drug overdose death. The lawsuit alleges that officers treated Turner as a suspect rather than a patient, using physical restraint and a Taser despite his seizure, and then covered up the treatment.  A judge will decide whether the lawsuit can proceed in court. According to the Associated Press, the case highlights issues of accountability in cases of police-involved deaths where force, but not a firearm, is used.


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