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Posted by: Amelia Ferrell Knisely on Mar 29, 2016

Court: TN Court of Appeals

Attorneys 1:

Herbert S. Moncier, Knoxville, Tennessee, for the appellants, Lisa Lynn Odom and William Phipps.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Mary M. Bers, Senior Counsel, Nashville, Tennessee, for the appellee, Amanda Sammons.

Judge(s): SUSANO

An “affidavit of complaint” was issued against Lisa Odom for custodial interference. Deputies from the Claiborne County Sheriff?s Office visited Ms. Odom for the purpose of taking custody of her child and returning her to Ms. Odom?s ex-husband, Scott Odom. Ms. Odom objected to the removal of her child, and William Phipps, Ms. Odom?s father, asked to see a warrant prior to the removal of the child. After a prolonged standoff, the deputies called Assistant District Attorney General Amanda Sammons, who explained over a speakerphone that a warrant was not necessary because there was a court order for Ms. Odom to return the child to Mr. Odom. During the course of the phone call, Ms. Odom overheard General Sammons use derogatory language when referring to her. Ms. Odom was ultimately arrested for custodial interference. Nearly a year later, Ms. Odom and Mr. Phipps (collectively the plaintiffs) filed a complaint against General Sammons alleging intentional infliction of emotional distress and civil conspiracy. General Sammons filed a motion to dismiss, which the trial court granted. The plaintiffs appeal. We affirm.