MURPHY, Circuit Judge. After Mark Blackwell criticized the city manager of a small Michigan city, the manager complained about him to the police. Two officers convinced a prosecutor to charge Blackwell with stalking. But a judge acquitted him. Blackwell then sued the manager and officers for violating the First Amendment by inducing this prosecution in retaliation for his political speech. The district court held that his complaint alleged enough facts to rebut the city officials’ qualified-immunity defense at the pleading stage. The officials now appeal. We agree that Blackwell plausibly pleaded that the officials sought to prosecute him in retaliation for his speech and without probable cause that he had committed a crime. We also reject the officials’ premature efforts to bolster their defense with outside-the-complaint evidence. We thus affirm.

The Defendant, Artevious Moore, Jr., pled guilty to theft of property and was placed on judicial diversion. Thereafter, the Defendant pled guilty to aggravated assault, leaving sentencing to the trial court. He also agreed to have the trial court rescind his judicial diversion, enter an adjudication of guilt as to the theft charge, and allow the court to impose the sentence. After a consolidated sentencing hearing, the court denied alternative sentencing and sentenced the Defendant to three years for the aggravated assault conviction and two years for the theft conviction. The trial court ordered the sentences to be aligned consecutively for an effective sentence of five years to be served in confinement. The Defendant appealed, challenging the consecutive sentences and the denial of alternative sentencing. Upon our review, we respectfully affirm the trial court’s judgments.

Defendant, Travis Andrew Harris, was convicted of first degree premeditated murder and possession of a firearm by a felon convicted of a violent crime. The trial court imposed an effective sentence of life plus twelve years. On appeal, Defendant contends that the evidence at trial as to his premeditation and identity was insufficient to support his murder conviction. We conclude that the evidence was sufficient and affirm Defendant’s conviction. The judgments of the trial court are affirmed.

Stacy Michelle Cochran, Defendant, entered an open plea of guilty to three felonies and one misdemeanor. Following a sentencing hearing, the trial court sentenced her as a Range II multiple offender to an effective sentence of twenty-four years to be served at 35%, plus eleven months and 29 days to be served at 75%. Defendant claims that the State entered into a plea agreement for her to be sentenced as a Range I offender and that the trial court erred in sentencing her as a Range II offender. Because the record on appeal, which does not contain the transcript of the plea submission hearing or the transcript of the sentencing hearing, is inadequate for meaningful appellate review, we are precluded from addressing the issue. The judgment of the trial court is affirmed.

This action involves the termination of a mother’s parental rights to her minor children. Following a bench trial, the court found that clear and convincing evidence existed to establish the following statutory grounds of termination: (1) abandonment for failure to provide a suitable home; (2) substantial noncompliance with the permanency plans; (3) persistence of conditions which led to removal; and (4) failure to manifest an ability and willingness to assume custody of the children. The court also found that termination was in the best interest of the children. We affirm the trial court’s termination decision.

This appeal stems from an inmate’s lawsuit seeking a transfer to another facility due to a claimed imminent risk of violence from other inmates. Benjamin Douglas (“Plaintiff”) sued Frank Strada, Commissioner of the Tennessee Department of Correction, and the Tennessee Department of Correction (“TDOC”) (“Defendants,” collectively) in the Chancery Court for Hardeman County (“the Trial Court”), asking for injunctive and declaratory relief based on the safe prisons clause of the Tennessee Constitution. Defendants filed a motion to dismiss, which the Trial Court granted. The Trial Court found that it lacked jurisdiction because Plaintiff failed to exhaust his administrative remedies. Plaintiff appeals. We hold, inter alia, that exhaustion of administrative remedies was not jurisdictional in this case; that the Trial Court abused its discretion in applying the exhaustion doctrine when Defendants failed to properly raise that affirmative defense; and that the Trial Court erred in considering matters outside the complaint at the motion to dismiss stage without converting the motion to one for summary judgment. We reverse and remand for further proceedings.

December 9, 2024 - December 13, 2024.

Make plans now to attend the 2025 Estate Planning and Probate Forum, which will be held Feb. 28, 2025, at the Embassy Suites Cool Springs in Franklin. The daylong event will feature expert speakers covering topics such as community property trusts, AI developments, a probate panel, ethics, legislative updates and much more. Breakfast and lunch will be provided, offering opportunities for networking with colleagues from across the state. Sessions will run from 8:30 a.m. to 5 p.m. CST. The program offers seven hours of CLE including two hours of dual credit. Section members receive discounted pricing. Not a member of the Estate Planning & Probate Section yet? Join here. For more information on the forum, to view the speaker line up and to register, visit TBA’s website.

The TBA will host a webcast replay of Making “Difficult Communications” Less Difficult and Best Practices and Strategies for Success on Dec. 30 from noon to 1 p.m. CST. The presentation will explore five key barriers to healthy communication in the workplace and offer strategies for building stronger relationships. It also will address unconscious biases and common communication mistakes made by attorneys and employers, while providing practical tips for improving communication skills. Finally, the session will cover de-escalation techniques, equipping legal professionals with valuable tools to navigate challenging conversations more effectively. For more information and to register, visit TBA’s website.

The Tennessee Department of Children’s Services (DCS) has announced a change to the Tennessee Child Abuse Hotline. During designated weekend hours — Fridays at 11 p.m. CST through Sundays at 11 p.m. CST — the hotline will transition to an online-only reporting system for the public. The pilot program aims to increase the efficiency of the hotline and reduce long wait times for callers, according to a press release. Callers wishing to report child abuse or neglect during weekend hours will hear a recorded message prompting them to submit information through DCS’s secure online referral portal. The hotline will remain staffed during weekend hours, and online reports will continue to be reviewed in real-time. The change only affects the hotline’s public line. The dedicated line for law enforcement and medical personnel will remain available during weekend hours.