Retired federal appeals court judge Bernice Donald will serve as the neutral mediator in a civil lawsuit brought by Tyre Nichols’ family and estate against the city of Memphis, Memphis Police Chief Cerelyn “C.J.” Davis and other former city personnel implicated in his death. The Daily Memphian reported today that the mediation is scheduled to begin on Feb. 9, 2024. City officials, as well as former police officers Preston Hemphill and DeWayne Smith and former Memphis Fire Department personnel Robert Long, JaMichael Sandridge and Michele Whitaker — none of whom were charged criminally — have agreed to Donald’s appointment. Five former police officers who were charged in Nichols' death — Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith — have not said if they will participate, but likely will not take part until after their criminal cases are resolved. The civil suit alleges that the city and the police chief created an environment that fostered a culture that led to Nichols’ beating and death. The city says the death was the result of five rogue officers. Donald retired from the U.S. Sixth Circuit Court of Appeals last January. She was appointed to the court in 2011 after serving as a federal judge in Tennessee’s Western District.

A trial date of March 24, 2025, has been set in a civil wrongful death lawsuit filed by the widow of an inmate who died at the Shelby County Jail last year, Daily Memphian reports. The federal suit alleges that Shelby County Sheriff Floyd Bonner Jr., chief jailer Kirk Fields and the Shelby County government were complicit in the deadly beating of Gershun Freeman and seeks $100 million in damages. Freeman died at the jail Oct. 5, 2022, after being beaten by corrections officers. Nine of the officers are facing criminal charges for their alleged roles in his death.

The Washington County Bar Association has announced new officers for 2024. They are: President Thomas J. Smith, President-elect Jerome Cochran and Treasurer Jesse J. Campbell with the Garza Law Firm; and Vice President Grace Studer and Secretary LaRae Ganger with Spurrell, Studer & Ganger. Hunter Shepard with Herrin Booze & McPeak Attorneys at Law moves into the immediate past president spot. All are in Johnson City. Board members elected for the new year are: Nora Koffman, Solange McDaniel and Hunter Shepard. Congratulations to all.

A Franklin County jury convicted Robert J. Whittenburg, Defendant, of two counts of first degree premeditated murder. After a sentencing hearing, the trial court imposed two consecutive life sentences. On appeal, Defendant argues: (1) the state did not present sufficient evidence of premeditation; (2) the trial court improperly denied Defendant’s request for a special jury instruction on premeditation; (3) the trial court improperly addressed concerns about irregularities during jury deliberations; and (4) the trial court impaired the jury when it briefly prohibited smoke breaks and then changed its mind. After review, we affirm the judgments of the trial court but remand the case for resolution of procedural issues related to the change of venue and entry of revised judgments.

This is an action against the former attorney-in-fact of the decedent for breach of fiduciary duties and conversion. The trial court granted summary judgment against the attorney-in-fact and awarded damages to the estate. The attorney-in-fact appeals, contending the trial court did not have subject matter jurisdiction over the matters at issue because the power of attorney was based on Texas law and the actions alleged in the petition were performed in Texas, where he was a resident; however, he does not challenge the court’s personal jurisdiction over him. He also contends that summary judgment was inappropriate because material facts were in dispute. Finding no error, we affirm.

Mother and Father appeal the termination of their parental rights to their three children. The trial court found, relying on the doctrine of res judicata, that the ground of severe child abuse supported termination and concluded that termination of Mother’s and Father’s parental rights is in the children’s best interests. Mother and Father challenge the trial court’s determination that the best interest factors support termination. We affirm the judgment of the trial court terminating Mother’s and Father’s parental rights.

HELENE N. WHITE, Circuit Judge. Plaintiff-Appellant Christina Littler appeals the grant of summary judgment to Defendant-Appellee Ohio Association of Public School Employees (OAPSE) in this 42 U.S.C. § 1983 action alleging the wrongful deduction and retention of union dues. Because the district court did not err in concluding that OAPSE was not a state actor under § 1983, we affirm.

The Petitioner, Terrance Lawrence, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for especially aggravated kidnapping, aggravated assault, domestic assault, driving while his license was suspended and possession of a firearm after having been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, for which he is serving an effective 60 year sentence. On appeal, he contends that the post-conviction court erred in denying relief based upon his ineffective assistance of counsel allegations. We affirm the judgment of the post-conviction court.

Information about fall 2023 admissions and other matters reported by law schools to the ABA Section of Legal Education and Admissions to the Bar is now publicly available. Data on admissions, tuition, living costs, financial aid, class and faculty demographics is summarized and searchable. Bar passage rates and employment reports will be released separately next year in March and April, respectively. Read more in a news release from the organization.

This appeal concerns a petition to terminate the parental rights of a mother and a putative father. The trial court found by clear and convincing evidence that several grounds for termination had been proven and that termination was in the best interest of the children. The mother and putative father appeal. On appeal, the Department of Children’s Services (DCS) concedes some of the grounds that the trial court concluded were established. However, DCS maintains that five grounds for termination were sufficiently proven against the mother and that three grounds along with the putative father grounds were sufficiently proven against the father. We conclude that these remaining grounds for termination were sufficiently proven, and we conclude that termination was in the best interest of the children. We reverse in part, with respect to one ground for termination of mother’s parental rights and three grounds for termination of the putative father’s parental rights, but otherwise we affirm the trial court’s order terminating parental rights.