In a July 8 press conference, Shelby County Sheriff's Office (SCSO) leadership declared a "life safety crisis" at the 201 Poplar jail. They cited a month-long air conditioning failure that pushed indoor temperatures above 92 degrees, diesel fuel leaking into the kitchen and a non-functioning fire alarm system requiring manual fire watches. Chief Jailer Kirk Fields said the heat sickened five kitchen staff and 14 inmates, one of whom was hospitalized, and directly blamed Shelby County Mayor Lee Harris, who owns the building, for failing to act. Harris's office countered by calling for "stronger operational oversight" from SCSO. Commissioner-elect Mark Billingsley stated that the conditions amount to neglect that would not be tolerated elsewhere and warrant federal intervention. Heat-index values are expected to top 100 degrees over the next 10 days and no long-term fix is in place. The Daily Memphian has the story.

A forensic audit released on July 8 by Tennessee Comptroller Jason Mumpower identified roughly $54 million in transactions flagged as potentially fraudulent, wasteful or abusive within Memphis-Shelby County Schools (MSCS). The amount includes a $250,000 payment for unfinished work and nearly $50 million funneled to a single custodial services vendor despite a committee's recommendation for multiple bidders. The Commercial Appeal reports that the audit, dated June 30, also raised conflict-of-interest concerns tied to contractor Allworld Project Management and found four likely violations of the state Open Meetings Act, including secret deliberations over the firing of former Superintendent Marie Feagins. Mumpower said the findings could support criminal indictments and will be forwarded to local and federal prosecutors. MSCS said it is conducting a comprehensive review before issuing a detailed response. Read more in a press release from Mumpower's office.

The Vanderbilt Project on Prosecution Policy (VPOPP) and Justice Innovation Lab (JIL) in June announced the nine local jurisdictions that will be joining the 2026 Justice Innovation Accelerator Cohort. The year-long program, a partnership between VPOPP and JIL, includes virtual sessions over five months culminating in a three-day, in-person workshop at Vanderbilt Law School with six months of follow up. The accelerator helps leaders diagnose root causes of dysfunction in the criminal justice system, build cross-sector partnerships and test data-informed solutions that improve safety, fairness and trust. Read more in a press release from the law school.

Tennessee Attorney General (AG) Jonathan Skrmetti today announced a $45 million multistate settlement with Block Inc., the company behind the popular peer-to-peer payments app Cash App. The settlement resolves allegations that Block misled consumers about the safety of Cash App, failed to protect users from fraud on the platform and did not provide the fraud protection or resolution promised or required by law. Oregon and Texas led the investigation, securing relief for all 46 participating states. Tennessee will receive $737,136.95 in settlement funds. Also today, Skrmetti joined a bipartisan coalition of 49 attorneys general in urging the Federal Communications Commission (FCC) to adopt stronger safeguards to make it harder for scammers to obtain legitimate telephone numbers and use them to target consumers. The coalition filed comments supporting proposed FCC rules that would help prevent criminals from exploiting legitimate phone numbers to carry out robocall and text message scams. The request builds on recommendations first made by the Anti-Robocall Multistate Litigation Task Force in 2021. According to Skrmetti, Americans received an estimated 29.6 billion scam robocalls and text messages last year and lost nearly $2 billion to these schemes.

Homer L. Deakins, a founding member of Ogletree, Deakins, Nash, Smoak & Stewart PC (now Ogletree Deakins) died earlier this week at age 90. From an initial team of 16 attorneys in Greenville, South Carolina, and Atlanta, Georgia, the firm has grown to more than 1,100 lawyers across 60 offices globally, with offices in Memphis and Nashville. Deakins served as the firm's managing shareholder from 1985 to 2001. Ogletree Deakins in 2014 established the Homer Deakins Service Award, which recognizes individuals who exemplify selfless service and inspire others through courageous action. Since its inception, the firm has donated over $300,000 to charitable organizations on behalf of award recipients.

The TBA this week welcomed Jenny Dorsten to the staff! Dorsten joins the association in the new position of education and professional development coordinator of online learning. In this role, she executes and promotes the organization's digital learning programs, focusing on expanding the visibility of these offerings and fostering meaningful engagement among TBA members. Her background is in nonprofit and membership association programming and operations. Dorsten holds a master's degree in public administration from Arizona State University, a bachelor's of science degree from the University of Kansas and a certificate in nonprofit management from Duke University. She thrives on creating learning experiences that help members connect, grow and succeed throughout their careers. In her personal life, she enjoys local arts and regional theatre productions and travel with family. Dorsten's contact information is available on the TBA staff webpage.

Tune in July 15 at noon CDT for a webcast with Heather Piper, disciplinary counsel with the Board of Professional Responsibility (BPR) as she reviews the latest ethics updates from the BPR. A previous attendee said, "I gained information on the reasons attorneys may be subject to ethics violations, new rulings on ethical behavior and how to access information to support me if I have a question about a situation in which I am involved." Earn one dual credit hour with this program as part of TBA's Christmas in July series. Need more ethics credits? TBA has more than 40 courses to choose from. Select the "Ethics" category to display courses.

In a July 1 ruling, the U.S. 6th Circuit Court of Appeals remanded a civil rights lawsuit over Tyre Nichols' 2023 beating death back to U.S. District Judge Sheryl Lipman without ruling on whether Memphis Police Department (MPD) Cerelyn “C.J.” Davis is protected from the suit under qualified immunity. Davis had sought to have herself removed from the suit. The Daily Memphian reports that the decision now rests with Lipman, who previously stated she would remove Davis from the suit. Nichols’ mother, RowVaughn Wells, had filed a motion to dismiss Davis and five former officers to get the case moving again. The civil rights suit from Wells, filed in April 2023, has dragged on for more than three years and currently is awaiting a new trial date.

The Defendant, Nickalous Ladd a/k/a Nickalous Clark, was convicted by a Shelby County Criminal Court jury of convicted felon in possession of a firearm, a Class C felony, and was sentenced by the trial court as a Range IV career offender to fifteen years at 60% in the Tennessee Department of Correction. The sole issue the Defendant raises on appeal is whether the evidence is sufficient to sustain his conviction. Based on our review, we affirm the judgment of the trial court.

This appeal arises from a breach of contract lawsuit following the sale of a body shop business. Prior to the sale, the owner entered into a paint-purchasing agreement requiring him to purchase $900,000 worth of paint over time in exchange for discounts and up-front “pre-bate” payments. Under the paint-purchasing agreement, the paint supplier could terminate the agreement if the business was sold without the supplier’s prior written consent. The owner later sold his business to buyers pursuant to an asset purchase agreement whereby the buyers agreed to take on the business’s paint-purchasing obligations. The buyers initially kept buying paint from the same supplier but eventually stopped. The paint supplier demanded repayment of the up-front funds from the prior owner under his personal guarantee. The prior owner then sued the buyers, asserting that they were required to hold him harmless. The buyers filed a counterclaim asserting that the prior owner committed the first breach by selling the business without the paint supplier’s consent, resulting in the buyers never receiving the expected value of the deal. The trial court ruled in the prior owner’s favor. The buyers appeal. We affirm.