The Tennessee Supreme Court has ruled that persons who lose the right to vote in Tennessee because of a criminal conviction in another state must comply with requirements set forth in two different Tennessee statutes, both of which address voting rights, in order to regain their right to vote. Justice Jeff Bivins, writing for the majority, ruled that individuals seeking to reinstate their right to vote must comply with both Tenn. Code. Ann. section 2-19-143(3), which requires the state to re-enfranchise persons convicted of out-of-state infamous crimes as soon as said persons are “pardoned or restored to the rights of citizenship by the governor or other appropriate authority of such other state," as well as the additional requirements set forth in Tenn. Code Ann. section 40-29-202, which requires that persons convicted of infamous crimes pay outstanding court costs, restitution and child support obligations before they can be re-enfranchised. Justice Sharon Lee dissented, stating that the plaintiff had been granted clemency, which restored his voting rights, so the requirement under section 40-29-202 does not apply because the plaintiff had no need to have his voting rights restored.

SUTTON, Chief Judge. During World War II, the federal government played a significant role in American oil and gasoline production, often telling refineries what to produce and when to produce it. It also rationed crude oil and refining equipment, prioritized certain types of production, and regulated industry wages and prices. All of this affected the operations of American oil companies at the time. But did it make the United States a refinery “operator” under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601–75? We hold that it did not and reverse the district court’s contrary determination. 

MATHIS, Circuit Judge. Jennifer Ohlinger was arrested on charges of burglary and receiving stolen property and brought to the Southeastern Ohio Regional Jail (“SEORJ”). On the morning of June 25, 2018, after Ohlinger struck her head, briefly lost consciousness, suffered seizures, and urinated on herself, the jail nurse ordered a blood draw and gave her an ibuprofen instead of sending her to the hospital. A day later, she was dead. After Ohlinger’s death, her daughter, Kelsea Mercer, as administrator of Ohlinger’s estate, sued for the alleged violation of Ohlinger’s constitutional rights under 42 U.S.C. § 1983 and for wrongful death under Ohio Rev. Code Ann. § 2125.02. The district court granted summary judgment to Nurse James Gray, II, Officer Charity Lowery, and Officer Amista Jarvis (collectively, “Defendants”). For the reasons that follow, we reverse the district court’s grant of summary judgment to Nurse Gray and affirm the district court’s grant of summary judgment to Officers Jarvis and Lowery.

In this case involving termination of the father’s parental rights to his child upon a petition filed by the child’s mother and stepfather, the trial court determined that five statutory grounds for termination had been proven by clear and convincing evidence. The trial court further determined that clear and convincing evidence demonstrated that termination of the father’s parental rights was in the child’s best interest. Following the father’s initial appeal, this Court vacated the trial court’s judgment and remanded for entry of specific findings of fact and conclusions of law pursuant to Tennessee Code Annotated § 36-1-113(k). On remand, the trial court entered a judgment confirming its prior determinations with added specific findings and conclusions. The father has again appealed. Discerning no reversible error, we affirm.

This appeal arises from a post-judgment request for medical treatment. The employee settled his claim for a left shoulder injury in June 2021, and his settlement provided for “authorized future medical expenses that are directly related to the work injury.” Thereafter, a physician recommended a total shoulder replacement, which the employer denied following a utilization review. The Medical Director of the Bureau of Workers’ Compensation disagreed with the “non-certification” recommended by the utilization review physician and ordered that the treatment be approved. The employer then filed a petition for benefit determination, arguing that the need for a total shoulder replacement did not arise primarily from the work accident. Following a hearing, the trial court concluded the employee had not shown by a preponderance of the evidence that the need for a total shoulder replacement arose primarily from the work accident, and the employee appealed. Upon careful consideration of the medical evidence and the record as a whole, we affirm the trial court’s order and certify it as final.

In this appeal, we consider the interplay and applicability of two statutes that relate to suffrage rights of Tennessee residents previously convicted of infamous crimes in other states. Although the Tennessee Constitution recognizes the importance of the right of its residents to vote, the Constitution also allows the General Assembly to restrict the right of a person to vote “upon a conviction by a jury of some infamous crime, previously ascertained and declared by law, and judgment thereon by court of competent jurisdiction.” Tenn. Const. art. I, § 5. Ernest Falls, a resident of Tennessee since 2018, was convicted of involuntary manslaughter in Virginia in 1986, an infamous crime under the laws of Tennessee. In 2020, Mr. Falls was granted clemency in Virginia by then-Governor Ralph Northam. The grant of clemency reinstated Mr. Falls’ rights of citizenship in Virginia, including his right to vote. Subsequently, Mr. Falls attempted to register to vote in Grainger County, Tennessee, in June of 2020. The Grainger County Election Commission denied his restoration of voting rights request and cited “Incomplete/Insufficient Document(s)” as the reasoning for the denial. Mr. Falls and a co-plaintiff, who was left off the voter rolls under similar circumstances, filed a lawsuit in the Chancery Court for Davidson County, arguing that Tennessee Code Annotated section 2-19-143(3) requires the state to re-enfranchise persons convicted of out-of-state infamous crimes as soon as said persons are “pardoned or restored to the rights of citizenship by the governor or other appropriate authority of such other state.” Tenn. Code Ann. § 2-19-143(3) (2014). Respondents, three public employees sued in their official capacity, countered that Mr. Falls also is required to comply with requirements set forth in another statutory provision, Tennessee Code Annotated section 40-29-202, which requires that persons convicted of infamous crimes pay outstanding court costs, restitution, and child support obligations before they can be re-enfranchised. Tenn. Code Ann. § 40-29-202 (2018). The Chancery Court granted summary judgment in favor of the three state officials, and the Court of Appeals affirmed the grant of summary judgment with Mr. Falls acting as the sole remaining plaintiff. Like the Court of Appeals, we affirm the grant of summary judgment and conclude that, in order to regain the right of suffrage in Tennessee, Mr. Falls and other similarly situated individuals must comply with both section 2-19-143(3) and the additional requirements set forth in section 40-29-202.

Chancellor Louis Oliver III has ruled that a lawsuit filed by the Sumner County Election Commission against the county’s mayor and the county commission will be allowed to continue. The Tennessee Lookout reports that the lawsuit was filed in May after members of the Sumner County Commission sought to evict election officials from their offices and warehouse space used to store voting machines — potentially leaving machines unsecured and out of easy reach of election officials who need ready access to them.

Sumner County has officially eliminated its Human Resources Department. According to the Tennessee Lookout, this week’s 19-4 decision is part of an ongoing approach to “streamline government and decrease bureaucratic function,” Commissioner Jeremy Mansfield said in advance of the vote. Commissioner Baker Ring was among those opposed to the measure, noting that the county is currently facing multiple lawsuits over policy actions taken by the county commission since a turnover in membership ushered in a majority of members who campaigned on limiting government in the last election.

The Jabari Bailey Highway Safety Act, named after a Memphis teen who was injured while pulled over along the highway, will add more requirements to Tennessee’s “Move Over Law” when it goes into effect Saturday. WATE in Knoxville reports that the act, sponsored by Knoxville Republican Sen. Becky Duncan Massey, requires motorists to change lanes and move away from any vehicle that is stationary on the side of the road with its hazard lights on. The previous “Move Over Law” only applied to emergency vehicles pulled over on the side of the road; this amendment is also intended keep road work crews safer.

For the ninth year in a row, the Tennessee Supreme Court is recognizing Attorneys for Justice, honoring all attorneys who provide at least 50 hours of service annually. The recognition program was created to encourage more attorneys and law offices to provide pro bono services to those who cannot afford legal costs, with a goal of increasing statewide pro bono participation to 50%. See the list of current Attorneys for Justice on the Supreme Court’s website.