A Nashville judge has ordered prison officials to deactivate the defibrillator implanted in Byron Black’s heart moments before his execution on Aug. 5, the Nashville Banner reports. Black’s attorneys argued that unless the device is properly disabled before the lethal injection, it will repeatedly shock Black in an attempt to restore his heart’s normal rhythm, causing a prolonged and excruciating death. The order from Davidson County Chancellor Russell Perkins directs state officials to ensure necessary medical professionals and equipment are present at the execution to deactivate the device. It also summarizes the arguments Black’s attorneys made about the importance of timing. If deactivated too early, Black might die suddenly while a potential stay of execution is being processed. If deactivated too late, the execution could be painfully prolonged.

Managers of Impact Plastics, the plant in Erwin where six employees were swept away and died in Hurricane Helene floodwaters, are not legally responsible for those deaths, the Tennessee Bureau of Investigation (TBI) announced last week. The decision followed an investigation that, according to the bureau, found no criminal wrongdoing. No charges will be filed in the case. According to Knox News, the investigation showed Impact Plastics owner Gerald O’Connor dismissed employees in September with enough time and when there were “available paths of evacuation.” The findings mirror those of the Tennessee Occupational Safety and Health Administration, but contradict what many employees told news outlets after the floods — that managers would not allow them to leave until it was too late. The company has denied it forced employees to stay as floodwaters rose. One family has filed a wrongful death lawsuit against the company.

U.S. Homeland Security Secretary Kristi Noem advised Nashville residents who are in the country illegally to self-deport during a visit to Nashville International Airport last week. The government is providing a $1,000 stipend and the chance to reenter the country legally for those who take advantage of the offer. Noem was in town to unveil a new express security lane for military members and their families, The Tennessean reports. She also used the visit to reiterate the administration's position that the Nashville government "really put ... lives at risk" when it released the names of several agents involved in local detention actions. ICE has confirmed the arrest of 544 migrants in the region since May 2. Just before Noem's remarks, airport security escorted Rep. Justin Jones, D-Nashville, from the event. He said he was there to get answers for constituents who have been arrested by ICE, according to the paper. Noem also visited the Nashville ICE office and made comments there, the Nashville Post reports.

Madison County General Session Judge Hugh Harvey Jr. was surrounded by friends and family Thursday to celebrate his retirement. Harvey has worked in the county court system since 1998. At the event, he reflected on what brought him into the law world and how he will enjoy this new chapter of life, WBBJTV reports. A portrait that will hang in his former courtroom also was unveiled. “It was nice to see some people I hadn’t seen in a while, Harvey said. We didn’t get a chance to talk about a bunch of war stories cause all of us can do that all afternoon,” he joked. See photos from the event.

Don’t miss the July 25 TBA Elder Law Forum — the premier event for Tennessee elder law practitioners. This must-attend seminar is your chance to catch up with colleagues, learn important developments and earn necessary CLE. On the agenda are undue influence, Medicaid/TennCare, annuities, law firm management, VA Benefits, ethics and more. Breakfast and lunch are included, and Elder Law Section members receive a discounted rate to attend. Learn more and register here.

The U.S. Department of Justice this fall will provide The National Institute on the Prosecution of Elder Abuse, a three-and-a-half-day course for prosecutors regarding their approach to prosecuting elder abuse cases. Participants will receive training on the dynamics of elder abuse, practical skills to successfully prosecute these cases and how to balance offender accountability with the impact of on victims. The event is open to prosecutors only, with preference given to agencies participating in the Office on Violence Against Women Training and Services to End Abuse in Later Life Program (OVW). There is no fee for the institute, and limited scholarships for travel and lodging are available for prosecutors from communities not currently receiving an OVW grant. The application deadline is Oct. 21. If you need assistance completing the application form, contact Ann Laatsch at alaatsch@ncall.us.

A growing senior population has led to the increased need for residential and other care options for older adults. In fact, the U.S. Administration for Community Living estimates someone turning 65 today has about a 70% chance of needing future long-term care, with about 20% of these individuals needing care for five years or longer. Choosing the right facility and care option can be a daunting task for the uninitiated. U.S. News & World Report recently published a helpful guide about the different types of long-term care facilities and how they can help your client and their families.

The Administrative Office of the Courts (AOC) has released an updated official judicial seal. The newly redesigned seal “maintains key traditional elements symbolic of the court’s authority, impartiality and dedication to justice,” according to a release from the office. It also has been “carefully refined to enhance clarity, scalability, and digital accessibility across various media platforms.” In unveiling the seal, Tennessee Supreme Court Chief Justice Holly Kirby said, “This update ensures that our communications remain consistent, professional, and accessible — reflecting the values of transparency and service at the heart of the judiciary. We are proud to introduce a seal that honors our legacy while embracing a clean and modern design.” In addition to the updated seal, the office released documentation to guide its use, including typography, color palette and formatting protocols for official documents and public outreach. The AOC selected Civitas Agency, a Nashville-based marketing and communications firm, to design the updated judicial seal and style guide.

COLE, Circuit Judge. Matthew Warman, a former graduate student at Mount St. Joseph University (MSJU), objected to taking the COVID-19 vaccine on religious grounds. When MSJU announced that it would require all students and employees to be vaccinated, Warman applied for a religious exemption. Soon after, two officers with the MSJU Police Department (MSJPD) allegedly detained him at the campus police station for an hour, attempting to convince him to get the vaccine and disparaging his religious beliefs. Warman later sued MSJU, MSJPD, and multiple individual employees. The district court dismissed his complaint. We affirm the district court in part and reverse in part. We affirm the district court’s dismissal of Warman’s free exercise, equal protection, and disability discrimination claims with prejudice, and we affirm the dismissal of MSJPD from all counts with prejudice. But because Warman plausibly pleaded that the two officers who detained him violated his Fourth Amendment rights, we reverse the district court’s dismissal of Warman’s wrongful detention claim and reinstate the claim against those defendants. And we vacate the district court’s declination of supplemental jurisdiction over Warman’s state-law claims and remand for reconsideration

BLOOMEKATZ, Circuit Judge. Officer Jeff Smith was the City of Union’s oldest and longest-tenured police officer. The City fired him after it found that he had violated several police department policies over a two-day span. An arbitrator later ordered the City to reinstate Officer Smith because, in its view, the City had overreacted by terminating him for minor and excusable mistakes. But the City delayed his return for two more months, requiring him to take a fitness-for-duty examination and acting slowly once he passed it. By the time the City allowed him back, it had promoted a younger officer and secured raises for every officer except Officer Smith. Officer Smith sued the City under the Age Discrimination in Employment Act (ADEA) and its Ohio counterpart. He alleged the City fired him because of his age, not his performance, and then delayed his return to retaliate against him for filing a charge with the Equal Employment Opportunity Commission (EEOC). The district court granted summary judgment to the City on both claims, and Officer Smith appealed. But on this record, a jury could view the facts and agree with Officer Smith. We reverse.