TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 27, 2024
News Type: Legal News

Three parents have filed a class action lawsuit against the Tennessee Department of Children’s Services (DCS) in conjunction with Disability Rights Tennessee, the Daily Memphian reports. The complaint alleges that children and youth with disabilities at the Wilder Youth Development Center and other DCS facilities across Tennessee are denied adequate education, spend long periods in confinement, are given inadequate mental health treatment, are overprescribed medicine, and are not given appropriate medical care. The suit also alleges that confined youth are exposed to dangerous conditions like mold, bugs and violence from peers. Youth in facilities other than Wilder also are punished with pepper spray, and officers often encourage peer-on-peer violence with rewards, according to the filing. In other reporting, the Nashville Banner says the suit alleges youth are subjected to "horrific experiences." The class action was filed yesterday in U.S. District Court’s Middle District of Tennessee. It also names the state, DCS Commissioner Margie Quin and Tennessee Department of Education Commissioner Lizzette Gonzalez Reynolds as defendants.

Posted by: Stacey Shrader Joslin on Jun 27, 2024
News Type: Legal News

The Administrative Office of the Courts (AOC) is out with a new episode of Tennessee Court Talk featuring Tennessee Court of Appeals Judge Steve Stafford discussing the difference between being impartial and understanding tough situations. Tune in to hear AOC Digital Media Lead Nick Morgan interview Stafford about the role of the appellate courts and how judges balance the interests that come before them, especially when cases are personal or involve difficult situations. Access Episode 32: Humanizing the Bench here.

Posted by: Stacey Shrader Joslin on Jun 27, 2024
News Type: Legal News

Bradley County Juvenile Court recently hosted its 14th Junior Master Gardening graduation ceremony with 12 new graduates of the program, Chattanoogan.com reports. The program, overseen by General Sessions Judge Andrew B. Morgan, provides a positive learning experience for youth to develop leadership, responsibility and community pride through organized gardening activities. The court initiated the program in 2013 and has since graduated 159 graduates with only 16 individuals reoffending. “I’ve always believed the best way to ensure sustainability is through hard work,” Morgan says. “These kids have learned valuable skills and have been mentored by some amazing volunteers who have shared both knowledge and a caring heart over the past several weeks.”

Posted by: Stacey Shrader Joslin on Jun 27, 2024
News Type: Legal News

Sevier County native Keith Cole will be sworn in as the county’s newest general sessions judge on July 1. He was appointed by the Sevier County Board of Commissioners on Monday to fill a vacancy created by the resignation of Jeff Rader earlier this month, WATE reports. Cole will serve until a special election is held in 2026. “I am deeply honored by the trust the Sevier County Board of Commissioners has placed in me. I look forward to tackling the challenges that come with this position and promise to do my absolute best for the people of Sevier County,” Cole said. Cole is a 2013 graduate of Lincoln Memorial University Duncan School of Law. He has worked as assistant district attorney in the Fourth Judicial District Attorney General's Office since 2014.

Posted by: Liz Slagle Todaro on Jun 26, 2024

A U.S. Supreme Court opinion in a case challenging Idaho's near-total abortion ban was "inadvertently and briefly" uploaded to the court's website today, according to a spokesperson for the court, who added that the opinion in Moyle v. United States "will be issued in due course," according to Newsweek. The accidentally shared document indicated the court would dismiss Idaho’s appeal in the case, allowing emergency abortions in the state, but did not address other issues raised in the case. With two opinion days left, the justices have just under a dozen rulings to announce this term, including Moyle. AP has a link to the unofficial document.

Posted by: Stacey Shrader Joslin on Jun 26, 2024
News Type: Legal News

The Knoxville Bar Foundation inducted 10 new fellows during a reception yesterday. The new members are: Joshua J. Bond, Donald J. Farinato, Bryce E. Fitzgerald, Janet S. Hayes, Joan M. Heminway, Benjamin W. Jones, B. Chase Kibler, James S. MacDonald, Brandon L. Morrow and Robert P. Noell. The foundation is a not-for-profit entity established to improve public awareness of the legal system in Knoxville, the administration of justice, and the delivery of legal services through its grant program. Read more in this release. See a photo of the group.

Posted by: Stacey Shrader Joslin on Jun 26, 2024
News Type: Legal News

A third lawsuit has been filed against Johnson City, its police force and more than two dozen officers by a woman who says police took bribes to protect a serial rapist, WJHL reports. Mikayla Evans alleges that local businessman Sean Williams drugged her and then pushed her from a fifth-story window during an attempted sexual assault. Tennessee Lookout reports that she suffered life-threatening injuries that left her bedridden for two years. The suit also alleges that in exchange for cash, police did not investigate, arrest or charge Williams; intentionally destroyed evidence; and allowed Williams to destroy evidence. The new suit is the latest in an ongoing investigation. Last year, a lawsuit filed by nine women alleged a wider corrupt scheme by Johnson City police to shield Williams after he was accused of sexual assault by multiple women. In 2022, former Special Assistant U.S. Attorney Kateri Dahl filed a whistleblower suit against the city and police chief arguing that her efforts to investigate Williams were thwarted. Williams is currently in federal custody awaiting trial on federal and state charges connected to sexual exploitation of children and a previous escape from custody.

Posted by: Stacey Shrader Joslin on Jun 26, 2024
News Type: Legal News

A majority of respondents to a Vanderbilt University poll expressed dissatisfaction with how democracy functions. According to the school, its “Unity Poll” found that 63% were either dissatisfied or very dissatisfied. When broken down by party, 68% of Republicans and 57% of Democrats expressed this view. The poll also showed that 49% believe American democracy is under attack (53% for Republicans and 35% for Democrats). The poll found similar patterns when asking whether the U.S. Constitution is under attack.

Posted by: Liz Slagle Todaro on Jun 26, 2024

Among the more than 200 new Tennessee laws taking effect on July 1 are two that address penalties for specific crimes, reports the Tennessean. One law increases criminal penalties for bullying and cyberbullying offenses to align more closely with harassment offenses. It also requires law enforcement to make an official incident report and inform parents or guardians of minor victims. Another new law allows prosecutors to seek the death penalty in criminal cases of child rape by an adult. This law may face a court challenge, as the U.S. Supreme Court ruled it unconstitutional to sentence a defendant to death for a non-homicide crime in 2008. 

Posted by: Stacey Shrader Joslin on Jun 26, 2024
News Type: Legal News

Federal judges in Kansas and Missouri this week blocked much of the Biden administration’s recent effort to ease student loan repayment burdens for millions of borrowers, the Associated Press reports. The new program would have gone into effect on July 1. Kansas-based Judge Daniel Crabtree did allow one part of the program to go forward, namely a provision allowing students who borrowed $12,000 or less to have the rest of their loans forgiven if they make 10 years’ worth of payments, instead of the standard 25. Missouri-based Judge John Ross ruled that the U.S. Department of Education cannot forgive loan balances going forward, but it can lower monthly payments. Last year, the U.S. Supreme Court rejected the president’s first attempt at a forgiveness plan saying the department had exceeded the authority granted by Congress.


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