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Posted by: Karen Belcher on Mar 7, 2024

CLAY, Circuit Judge. Plaintiff DeShawn Anderson-Santos, a juvenile detainee at the Kent County Juvenile Detention Center, suffered a head injury after being pushed by Defendant Derek Leshan, a corrections officer. Anderson-Santos subsequently brought claims under 42 U.S.C. § 1983, the Fourteenth Amendment, and the Eighth Amendment, against Defendant Leshan. The district court denied Leshan’s summary judgment motion, finding that there was a genuine dispute of material fact as to whether Leshan engaged in excessive force in violation of the Eighth Amendment. Therefore, the district court held that Leshan was not entitled to qualified immunity at the summary judgment stage. This interlocutory appeal followed. For the reasons set forth below, we DISMISS this appeal for lack of jurisdiction.

Posted by: Stacey Shrader Joslin on Mar 7, 2024

The Tennessee Supreme Court has issued an order soliciting comments on proposed changes to its Rule 13. The proposed revisions do not include any adjustments to the compensation rates and/or caps for appointed attorneys representing the indigent. But they do address the financial obligations of a child's parents, legal custodians or guardians when a guardian ad litem is appointed. The changes also address the crimes that affect the maximum compensation allowed for appointed criminal cases. Comments should be submitted by May 6 and should reference docket number ADM2024-00227.

Posted by: Stacey Shrader Joslin on Mar 7, 2024

Committees in the state House and Senate yesterday advanced two “vastly different” versions of a statewide school choice program that would allow students to use public dollars for private school. The House Education Administration Committee passed HB1183, a 39-page proposal that would also overhaul Tennessee's standardized testing requirements for public school students, make changes to teacher and principal accountability, and shut down the state’s Achievement School District by 2026. The Senate Education Committee approved SB503, a version of Gov. Bill Lee's plan, with additional accountability measures. The Senate version also allows "open enrollment to any school," permitting students to attend public schools outside of the districts for which they are zoned. The House version now goes to the House Government Operations Committee, while the Senate bill goes to the Senate Finance Ways and Means Committee. Read more about the bills in the Tennessean.

Posted by: Karen Belcher on Mar 7, 2024

After a Dickson County jury trial, Defendant, Kirk D. Farmer, was convicted of vandalism of $2,500 or more but less than $10,000 and disorderly conduct. The trial court sentenced him to an effective term of three years in the Tennessee Department of Correction. On appeal, Defendant argues the evidence produced at trial was insufficient to sustain his vandalism conviction. After review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Mar 7, 2024

In this post-divorce case, Husband/Appellant appeals the trial court’s order holding him in criminal contempt. Due to the deficiencies in Husband’s brief, we do not reach the substantive issues. Appeal dismissed.

Posted by: Karen Belcher on Mar 7, 2024

In this divorce action, the husband appeals the trial court’s division of the marital estate, its determination that he was underemployed, and the wife’s awards of alimony. For the reasons stated herein, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Mar 7, 2024

This appeal arises from a Tennessee Public Records Act (“TPRA”) petition to access a Tennessee Department of Children’s Services (“DCS”) case file regarding its investigation into the fatality of a fourteen-year-old boy. The petition also sought disclosure of the investigation into the child’s death, as well as four prior investigations related to the same child, pursuant to Tennessee Code Annotated § 37-5-107. Prior to the filing of the petition, the petitioner, Stacy Jacobson (“Ms. Jacobson”), submitted a written request to obtain the unredacted version of the deceased child’s case file, along with the records from four prior DCS investigations related to the child. DCS denied the requests, citing several legal bases, including Tennessee Code Annotated § 37-5-124, Tennessee Code Annotated §§ 37-1-409 and 612, Tennessee Code Annotated § 37-5-107, Tennessee Rule of Criminal Procedure 16 (“Rule 16”), and the 2013 Davidson County Chancery Court order requiring that DCS redact all such records to eliminate information made confidential under state law. Thereafter, Ms. Jacobson filed a petition in the Chancery Court of Davidson County to obtain access to the unredacted public records, the four related investigative files, and for her attorney’s fees and costs. The trial court denied the petition, finding that, under “the state law exception” to the TPRA, which encompasses Rule 16, the redacted portions of the case file and the four related investigative files are exempt from disclosure because they are relevant to an ongoing criminal prosecution of the deceased child’s family members who are alleged to be responsible for his abuse and death. Ms. Jacobson subsequently filed a motion to alter or amend judgment, arguing that the trial court had failed to consider whether the DCS records from the prior investigations involving the deceased child were part of the child’s “full case file.” The trial court denied the motion, finding that a ruling on this issue would constitute an advisory opinion. Ms. Jacobson appeals the trial court’s denial of her requests. For the reasons explained below, we vacate the judgment of the trial court and remand for further proceedings.

Posted by: Karen Belcher on Mar 7, 2024

This is an appeal from an Order Granting Respondents’ Motions to Dismiss and Denying Petitioner’s Writ of Certiorari and Mandamus. Because the appellant did not file a notice of appeal within thirty days after entry of the final judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Stacey Shrader Joslin on Mar 7, 2024

Chattanooga attorney Kisha Cheeks officially kicked off her bid for Hamilton County Circuit Court judge. She is running as a Democrat and will face current Hamilton County General Sessions Judge Alex McVeagh in the August general election. McVeagh won the Republican primary on Tuesday. Cheeks has served as the principal attorney at the Cheeks Rucker Firm for the past seven years. She says serving as a judge would be the “opportunity of a lifetime.” Read more about her campaign from Chattanoogan.com.

Posted by: Karen Belcher on Mar 7, 2024

A husband challenges the issuance of an order of protection prohibiting him from contacting his wife. Finding that the evidence supports the issuance of an order of protection and that the husband has waived any objection to improper venue, we affirm.


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