Uncertainties persist in Knox County election situation

The Knox County chancery court today denied a petition for preliminary injunctive relief filed by James Gray, chairman of the Knox County Democratic Party. Gray had asked the court to remove Sheriff Tim Hutchison from the ballot based on a recent term limits ruling by the Supreme Court. In related news, the Supreme Court was to have met today to consider whether or not to take jurisdiction of a similiar case. It was not planning to consider the merits of the case as suggested in Tuesday's TBA Today. At the close of business Wednesday, the court had not filed any orders.
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

STEVE DAVIS v. TENNESSEE WILDLIFE RESOURCES AGENCY, ET AL.

Court: TCA

Attorneys:

Robert T. Keeton, III, Huntingdon, TN, for Appellant.

Paul G. Summers, Attorney General & Reporter, Michael E. Moore, Solicitor General, Martha A. Campbell, Associate Deputy Attorney General, for Appellees.

Judge: HIGHERS

In this appeal, we are asked to determine whether the chancery court properly granted summary judgment to the appellees on the appellant's claims of malicious harassment and malicious prosecution. When it granted summary judgment to the appellees, the chancery court found that the appellant did not have a cognizable claim for malicious harassment because his claim was not based on race, color, religion, national origin, or ancestry and that the appellant's claims for malicious prosecution failed because the appellees had not initiated the prosecution and probable cause existed to prosecute the appellant. On appeal, the appellant asserts that the statute granting a civil cause of action for malicious harassment is not limited to cases based on race, color, religion, national origin, or ancestry and that no probable cause existed to prosecute the appellant. Further, the appellant argues that if he has stated a cognizable claim for malicious harassment, the appellees are not entitled to any absolute or qualified immunity for their actions. Additionally, although the appellees won on this issue at trial, the appellees have appealed whether section 39-17-309 of the Tennessee Code standing alone gives rise to a private cause of action. We affirm.

http://www.tba2.org/tba_files/TCA/2006/daviss040506.pdf


TODAY'S NEWS

Legal News
Legislative News

Legal News
Deadline for appointing new ethics commissioners passes
The deadline for appointing new ethics commissioners came and went last week with only two of the six commissioners being named, reports the Tennessean. Governor Bredesen and Lt. Governor John Wilder, who each may appoint two members, reportedly were waiting for an opinion from the Attorney General on whether prospective appointees have conflicts of interest. Speaker of the House Jimmy Naifeh named two of the members: bankruptcy attorney Linda Knight and Dianne Neal, former counsel to Governor Ned McWherter. The new ethics legislation signed by the governor on Feb. 15 calls for the creation of a commission to investigate allegations of ethical violations, enforce disclosure laws and conduct ethics seminars for lobbyists. Read more in the
Tennessean
Attorney drops suit against judges
A Johnson City attorney who sued criminal court judges Lynn Brown and Robert Cupp for $23.4 million has signed an order to have the suit dismissed. Scott Pratt had filed the suit after a contempt of court charge was issued by Judge Brown and both judges signed an order suspending him from practicing law in the First Judicial District. Pratt is under investigation by the Tennessee Bureau of Investigation based on allegations that he encouraged a client to lie under oath. He will return to court on May 17 to face the contempt charge, according to the Johnson City Press.

Roane County jail in jeopardy
Ten years ago, inspectors from the Tennessee Corrections Institute told Roane County leaders to build a new jail. The county has since spent $800,000 on property surveys, blueprints and other plans to build a new jail. Construction was scheduled to start on a plot of land just a few blocks from Roane State Community College but voters rejected the location. Sheriff David Haggard says it is likely the jail will be decertified if no improvements are made soon.
Read WATE Channel 6's story
Wicks appointed Roane County judge for second time
Jeff Wicks will remain as the interim general sessions court judge in Roane County until the August 3 election, reports WATE Channel 6. By a 10-1 vote, and with three abstaining, Roane County commissioners re-appointed Wicks. A few weeks ago they made the same appointment but a new vote had to take place since Judge Austin decided to resign.

New assistant district attorney sworn in
Fourth Judicial Assistant District Attorney Donna H. Inman was sworn in on Monday by District Circuit Court Judge Ben W. Hooper II. Read more about Inman in this report by the
Newport Plain Talk
Two justices oppose cameras in court
Some U.S. Senators may want cameras in the Supreme Court but two justices disagree. Justice Clarence Thomas says cameras risk "undermining" the manner in which justices consider cases, and Justice Anthony Kennedy says the camera decision is the court's business and not that of Congress. The justices testified before a House of Representatives committee after the Senate Judiciary Committee approved a bill to televise high court proceedings. For more on the story read the
AP report
Deadline near to qualify for August elections
Candidates across the state who haven't yet filed their paperwork have until noon tomorrow (April 6) to qualifying for state primary and county general elections that will be held Aug. 3. Candidates running in counties that have primaries for local government positions filed earlier and will face the voters on May 2. TBA Today will publish filing information as it becomes available. Contact us at email@tnbar.org if you have complete filing information for your county.

Legislative News
Track legislation of interest to Tennessee attorneys
The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
TBA Bill Tracking Service

 
 
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