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Posted by: Azya Thornton on Oct 28, 2024

LARSEN, Circuit Judge. Ali Naji walked into a Dearborn police station, pulled out a gun, and tried to shoot Corporal Timothy Clive. But Naji’s gun malfunctioned and would not fire. While Naji tried to fix his malfunctioning gun, Clive shot and killed Naji. Hussein Naji, as personal representative of Naji’s estate, sued both Clive and the City of Dearborn, bringing federal claims under 42 U.S.C. § 1983 and state tort claims. The district court granted summary judgment to Clive and the City on all claims. For the following reasons, we AFFIRM.

Posted by: Azya Thornton on Oct 28, 2024

LARSEN, Circuit Judge. Deandre Swain is a criminal defendant in Kentucky state court. He moved to intervene in another person’s federal criminal case, claiming a First Amendment right to access a sealed document. Swain believes that the sealed document might contain a cooperation agreement that could aid his defense in state court. The district court denied his motion to intervene. For the reasons that follow, we AFFIRM.

Posted by: Azya Thornton on Oct 28, 2024

The Shelby County Grand Jury indicted Latarius Curry, Defendant, on one count each of aggravated child abuse and aggravated child neglect. A jury convicted Defendant as charged, and the trial court imposed an effective 22-year sentence. Defendant appeals, arguing that the evidence was insufficient to support his convictions. Having reviewed the entire record and the parties’ briefs, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Oct 28, 2024

Before taking his own life, the Defendant’s husband shot and killed another individual, resulting in a civil suit brought by the victim’s family. An insurance company with whom the husband had a policy brought a declaratory judgment action seeking a declaration that the Defendant’s husband’s actions were not covered by the insurance he had obtained. A sheriff’s deputy tried to serve process. The Defendant, however, was not home, and the deputy left a contact card. The Defendant called the deputy, and, after discussion, she instructed the deputy to leave the documents with a particular individual at her home. The deputy followed these instructions. The Defendant did not respond to the suit and a default was entered. Months later, the Defendant, alleging the deputy failed to effectuate valid service of process, sought to have the default set aside. The trial court disagreed and declined to set aside the default. The Defendant then asked the trial court to alter its order, asserting for the first time that she was not a proper party to the Company’s suit. The trial court declined. The Defendant appealed. We affirm.

Posted by: Azya Thornton on Oct 28, 2024

A driver was injured in a car accident with an uninsured motorist and filed a negligence suit against the uninsured motorist. The driver served her uninsured motorist insurance carrier with notice of the lawsuit. After the driver could not obtain service of process on the uninsured motorist, the case proceeded against the insurance carrier. The case proceeded to a jury trial, where the jury found in favor of the driver. The trial court entered judgment on the verdict, awarding damages to the driver. The trial court denied the driver’s post-trial motion for prejudgment interest based upon its determination that the suit was a personal injury action and that, therefore, the court could not award prejudgment interest. We have concluded that the trial court erred in classifying the claim against the insurance carrier as a personal injury action. Therefore, we reverse the trial court’s order denying prejudgment interest and remand for a determination of the proper amount of prejudgment interest.

Posted by: Azya Thornton on Oct 28, 2024

The Shelby County Sheriff's Office and Shelby County Juvenile Court remain locked in a dispute over who is responsible for operating the Youth Justice and Education Center. Earlier this month, the court was scheduled to resume in-person hearings at its downtown location but days before the switch, an attorney for the sheriff's office said the office would not transport youth from the detention center to the hearings. According to the Daily Memphian, the letter comes after months of disputes between the two entities about which one should operate the center. Both maintain the other is legally obligated to manage the facility. The paper also reports that Shelby County Commissioner Henri Brooks wants to find funding to solve the transportation issue without impacting either organization's budget, and would seek help from the U.S. Justice Department if necessary. She also expressed concerns about due process issues with the court, such as  inadequate access to attorneys in confidential settings and lack of probation conferences.

Posted by: Azya Thornton on Oct 28, 2024

A U.S. appeals court has ruled it is illegal for states to count mail-in ballots received after Election Day. The decision came in a case challenging Mississippi's five-day grace period. While the court did not order immediate changes to the state's procedures, it did call into question mail-in voting practices used in about 20 states, Reuters reports. The ruling from the New Orleans-based U.S. 5th Circuit Court of Appeals leaves it up to a lower court to decide what to do next, but emphasized it is important to preserve the status quo ahead of the Nov. 5 election. The decision applies only to states under the 5th Circuit's jurisdiction.

Posted by: Azya Thornton on Oct 28, 2024

Tennessee Attorney General Jonathan Skrmetti said in a press release last week that a state lawsuit led to the disclosure of documents revealing U.S. Immigration and Customs Enforcement's (ICE) plans to release thousands of detained migrants, including criminals, into Tennessee. The documents, obtained through a suit after ICE failed to respond to Freedom of Information Act requests, showed that the agency coordinated with local officials and immigration rights groups to facilitate the release. Although the plan to move detainees to Tennessee was halted due to pushback from state officials, more than 7,000 migrants were released from Louisiana facilities, including individuals with criminal histories, according to the Chattanoogan.

Posted by: Azya Thornton on Oct 28, 2024

Registered Tennesseans have until Thursday to vote early in the state and federal general election, ahead of the Nov. 5 election day. Voters need to bring valid photo identification to the polls when casting their ballot. A driver’s license or photo ID issued by the Tennessee Department of Safety and Homeland Security, Tennessee state government, or the federal government is acceptable even if expired. A student ID or out-of-state driver’s license is not an accepted form of identification. For more information on how to vote early and how to find early voting locations, visit the Tennessee Secretary of State website.

Posted by: Azya Thornton on Oct 28, 2024

Cleotha Abston, the man authorities charged with abducting and killing Memphis teacher Eliza Fletcher while she was out on a run in 2022, has pleaded guilty. The plea comes after more than two years of criminal litigation and will allow Abston to avoid the death penalty, The Commercial Appeal reports. Shelby County District Attorney Steve Mulroy said Abston now will face life in prison without the possibility of parole. Fletcher's family reacted to the deal, saying, "We accept the outcome that [Eliza's] murderer has pled guilty to all charges, will wake up in prison for the rest of his life and cannot harm anyone else." In May, Abston was sentenced to 80 years in prison for the 2021 rape of Alicia Franklin.


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