Attorneys representing the City of Memphis have asked a judge to dismiss a lawsuit from rape victim Alicia Franklin, arguing Memphis police had no duty to investigate her case to the extent she believes was needed. Cleotha Henderson has been charged with Franklin’s 2021 rape and with the kidnapping and murder of Memphis jogger Eliza Fletcher. Franklin sued the city for failing to investigate her case properly, claiming the failure to arrest Henderson led to the death of Fletcher – a claim the city called “immaterial, impertinent and scandalous” in its Dec. 6 motion. The city is asking Circuit Court Judge Mary L. Wagner to dismiss the case or, alternatively, to strike all references to Fletcher and delays in the testing of rape kits from the plaintiff’s complaint. Read more from the Daily Memphian.

A new episode of the TBA’s Sidebar podcast is now streaming, featuring Administrative Law Section members Jerry Taylor of Thompson Burton and Bill Penny of Burr & Forman. Taylor and Penny discuss judicial deference to agency expertise in federal and in state courts and how agencies evaluate and interpret rules and statutes. The episode was produced by the Administrative Law Section and its chair, Rita Gibson Rayford. The section will host its annual forum on Dec. 15 from 9:30 a.m. to 1:30 p.m. CST at Burr & Forman in Nashville and also via Zoom. Register for the event here.

The Tennessee Comptroller today released findings from its audit of the Department of Children’s Services, reporting that DCS failed to adequately investigate dozens of reports of sexual abuse and sexual harassment, the Tennessean reports. The audit also found that children remained in abusive or unsafe locations while DCS struggled to conduct “timely investigations,” that case workers failed to make “essential monthly supervision contacts” with those children, families and school providers in probation cases and that DCS didn’t move in a “timely manner” to investigate a large number of sexual abuse cases that fell under a federal rape law. The department is currently struggling with critical staffing and placement issues. Under a new bill filed by Rep. Yusuf Hakeem, D-Chattanooga, DCS case workers would have a hard cap of 20 assigned cases. WKRN has more on that story.   

Brandon S. Griffin of the Griffin Law Group PLLC in Sparta has been named president of the White County Bar Association. Griffin graduated from the University of Memphis Cecil C. Humphreys School of Law in 2013 before returning to Sparta and founding his law practice. He can be reached at Griffin Law Group, 621 North Spring St., Sparta or at 931-837-2050.   

Davidson County Chancellor I'Ashea L. Myles this week ruled that a Tennessee man on death row must exhaust the prison grievance process before his case can continue, the Tennessean reports. Henry Hodges filed a lawsuit over the psychological and physical care he received after an October incident in which he severely injured his own genitals. He was kept in full restraints nearly continuously for eight days after the incident. Myles stayed the case over a procedural need to exhaust the state's internal process, but expressed frustration with the narrow avenue prisoners have to raise issues with their care in extreme situations like Hodges'. News outlets the Associated Press and the Nashville Banner have filed freedom of information motions over the case. The AP is fighting the state’s request for a protective order that would seal broad categories of documents. The Banner seeks to unseal all documents that have already been filed.  

Tennessee Attorney General Jonathan Skrmetti recently announced that a $10 billion agreement has been reached with CVS and Walgreens for their role in the national opioid crisis. The agreement requires CVS to pay $5 billion and Walgreens to pay $5.7 billion. Both companies must also monitor, report, and share data about suspicious activity related to opioid prescriptions. Should all incentives be met, Tennessee is expected to receive a combined total of $265 million. Skrmetti said the funds will be sent “to the Opioids Abatement Trust Fund to assist in bringing the epidemic to a halt.” Read more from the AG's office. 

The Knoxville Bar Association (KBA) Barristers announced last month that Eighth Judicial District Criminal Court Judge Zachary Walden will take office as president of the group. Other officers named for the young lawyer group include Vice President Charles S.J. Sharett and Secretary/Treasurer Jimmy Snodgrass. New board members are Matt Knable and Isaac Westling. The Barristers also presented President’s Awards to Mariel Bough and Grant Williamson, co-chairs of the Diversity Committee.

Ronald Sandlin, 35, of Millington was sentenced to 63 months in prison and three years of supervised release for his role in the Jan. 6, 2021, Capitol breach. He admitted advance planning to interfere with the peaceful transition of power and the assaulting of law enforcement officers. According to court documents, Sandlin and two co-conspirators began planning to disrupt the counting of 2020 presidential electoral votes in December 2020. Prosecutors revealed that he had posted on social media about organizing a caravan to travel to Washington, D.C., and calling on others “take the Capitol.” He also engaged in a private chat about shipping guns in advance of the event. Read more from the U.S. Attorney’s Office for the Western District of Tennessee.

Three University of Tennessee College of Law students have advanced through the regional rounds of the National Moot Court Competition and will represent the school at the national level. Second-year student Luke Norton and third-year students Miles Schiller and Julia Slagle won the Region 7 level for the third consecutive year. For the second consecutive year, Schiller was named the outstanding oral advocate in the championship round. The team is coached by emeriti professors Don Leatherman and John Sobieski. The finals will be held at the Association of the Bar of the City of New York Jan. 30 through Feb. 2, 2023. Read more about the competition and case and see a photo of the team.

The Tennessee Bureau of Investigation (TBI) is seeking $2 million in contracts with outside labs to process 1,000 rape kits it says need to be tested before the end of June, the Associated Press reports. The bureau issued the request for proposals for up to three contractors, as the state’s turnaround times for sexual assault kits continue to face scrutiny. The contractors also would testify about the tested kits in court cases. As of October, the agency said the average turnaround time for a rape kit was 43 weeks at the Knoxville lab, 42.4 weeks at the Jackson lab and 32.7 weeks at the Nashville lab. The bureau wants the contractors signed on by the end of January.