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Posted by: Stacey Shrader Joslin on Jun 27, 2024

Three parents have filed a class action lawsuit against the Tennessee Department of Children’s Services (DCS) in conjunction with Disability Rights Tennessee, the Daily Memphian reports. The complaint alleges that children and youth with disabilities at the Wilder Youth Development Center and other DCS facilities across Tennessee are denied adequate education, spend long periods in confinement, are given inadequate mental health treatment, are overprescribed medicine, and are not given appropriate medical care. The suit also alleges that confined youth are exposed to dangerous conditions like mold, bugs and violence from peers. Youth in facilities other than Wilder also are punished with pepper spray, and officers often encourage peer-on-peer violence with rewards, according to the filing. In other reporting, the Nashville Banner says the suit alleges youth are subjected to "horrific experiences." The class action was filed yesterday in U.S. District Court’s Middle District of Tennessee. It also names the state, DCS Commissioner Margie Quin and Tennessee Department of Education Commissioner Lizzette Gonzalez Reynolds as defendants.

Posted by: Karen Belcher on Jun 27, 2024

Petitioner, Daniel Ward, was convicted of ten counts of aggravated sexual battery. The trial court sentenced Petitioner to fifty-four years of incarceration, and this court affirmed his convictions on direct appeal. Petitioner then filed a petition for post-conviction relief, claiming ineffective assistance of counsel and cumulative error. The post-conviction court denied the petition after a hearing, and Petitioner now timely appeals. After review, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Jun 27, 2024

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Stacey Shrader Joslin on Jun 27, 2024

The Administrative Office of the Courts (AOC) is out with a new episode of Tennessee Court Talk featuring Tennessee Court of Appeals Judge Steve Stafford discussing the difference between being impartial and understanding tough situations. Tune in to hear AOC Digital Media Lead Nick Morgan interview Stafford about the role of the appellate courts and how judges balance the interests that come before them, especially when cases are personal or involve difficult situations. Access Episode 32: Humanizing the Bench here.

Posted by: Stacey Shrader Joslin on Jun 27, 2024

Registration is now open for the next free advice clinic for Black-owned small businesses and nonprofits, set for July 19 in Nashville. The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. Prospective clients should register by July 15. Attorneys should email vlpa@abcnashville.org to volunteer.

Posted by: Stacey Shrader Joslin on Jun 27, 2024

Bradley County Juvenile Court recently hosted its 14th Junior Master Gardening graduation ceremony with 12 new graduates of the program, Chattanoogan.com reports. The program, overseen by General Sessions Judge Andrew B. Morgan, provides a positive learning experience for youth to develop leadership, responsibility and community pride through organized gardening activities. The court initiated the program in 2013 and has since graduated 159 graduates with only 16 individuals reoffending. “I’ve always believed the best way to ensure sustainability is through hard work,” Morgan says. “These kids have learned valuable skills and have been mentored by some amazing volunteers who have shared both knowledge and a caring heart over the past several weeks.”

Posted by: Karen Belcher on Jun 27, 2024

MURPHY, Circuit Judge. For years, Shannon Blick successfully served as a well-liked principal of an elementary school in the Ann Arbor Public School District. In 2019, however, the school district placed her on paid leave to investigate her role in a custodian’s over-billing scheme. The leave lasted two years, and the school district then terminated Blick’s contract. Blick brought this suit while still on leave. She alleged that various officials violated her freedoms of speech and association under the First Amendment. She also brought race-discrimination, due-process, and conspiracy claims against these officials. The district court rejected Blick’s First Amendment claims at the summary-judgment stage, and it dismissed the other claims on the pleadings.

Blick renews all claims on appeal. Although we find some of the district court’s reasoning open to debate, Blick has not shown a reversible error. She argues that the school district violated the First Amendment by imposing a prior restraint that barred her from speaking during her leave and by taking harmful actions against her in retaliation for her speech. But her lawyers leave us in the dark about what she wanted to say (for purposes of her “prior restraint” claim) or what she did say (for purposes of her “retaliation” claim). Blick also relies on adverse actions (such as the termination of her contract) that occurred after she filed her operative complaint. But we cannot consider these later events because her lawyers did not file a supplemental pleading to bring them into the case. And Blick’s opening brief merely regurgitates much of her response to the school district’s motion to dismiss. By doing so, it ignores several grounds on which the district court relied to dismiss Blick’s claims. This “cut-and-paste” briefing strategy thus does not preserve Blick’s challenges to much of the district court’s motion-to-dismiss decision. We affirm.

Posted by: Stacey Shrader Joslin on Jun 27, 2024

Sevier County native Keith Cole will be sworn in as the county’s newest general sessions judge on July 1. He was appointed by the Sevier County Board of Commissioners on Monday to fill a vacancy created by the resignation of Jeff Rader earlier this month, WATE reports. Cole will serve until a special election is held in 2026. “I am deeply honored by the trust the Sevier County Board of Commissioners has placed in me. I look forward to tackling the challenges that come with this position and promise to do my absolute best for the people of Sevier County,” Cole said. Cole is a 2013 graduate of Lincoln Memorial University Duncan School of Law. He has worked as assistant district attorney in the Fourth Judicial District Attorney General's Office since 2014.

Posted by: Karen Belcher on Jun 27, 2024

CHAD A. READLER, Circuit Judge. Relators allege that Allstate Insurance violated the False Claims Act by skirting its obligations under the Medicare Secondary Payer Act. After multiple amendments by relators, the district court deemed their second amended complaint deficient in numerous respects and dismissed the case with prejudice. Because the complaint fails to state a claim for a violation of the False Claims Act, we affirm.

Posted by: Stacey Shrader Joslin on Jun 27, 2024

Cynthia “Cyndi” Fields Davis of Pikeville died June 24 at the age of 55. Davis was an attorney in private practice in Crossville. She earned her law degree from the Nashville School of Law. A celebration of life was held in Pikeville. Burial followed at the Blankenship Cemetery. Condolences may be shared at www.pikevillefuneralhome.com.


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