Tennessee Civil Rights Legal Questions

In Tennessee, the tort of defamation encompasses both libel and slander. Libel is the printed word while slander is the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business, or means of livelihood. To establish a prima facie case of defamation, a plaintiff must prove that: (1) a party published (written or spoken)  a statement; (2) with knowledge that the statement was false and defaming to the other; or (3) with reckless disregard for the truth of the statement or with negligence in failing to ascertain the truth of the statement.... Read Answer

You were not specific about if the computer was provided by the school, if this was a personal computer that you bought to school or was your computer at home  when the emails were pulled up by the "tech center"? Understand that when you post on social media, then this is going public for the whole world to see. Thus, you have no expectation of privacy and no legal protection.... Read Answer

In order to issue a garnishment, you would have been sued. In the trial of this lawsuit, you would have had the opportunity to tell the judge why you did not owe the debt. If you chose not to go to court, then that was a decision that you made. A judgment was obtained against you. Once the judgment was obtained, then a garnishment is one method of enforcing the judgment. No pregarnishment notice is required.... Read Answer

Orders of protection are good for 1 year unless extended by the court. The due process requires that you get notice of the hearing before it happens and you did get that notice. You can try and sue your ex but you would have come back to Tennessee to do that.  I am curious though: if you live in Colorado and your ex lives in Chattanooga, you don't see each other anyway so how is the order of protection hurting you?... Read Answer

If you are protected by some sort of civil service or union rules , you will have to look to the rules of the civil service or union to determine if you can be fired for making a racist remake. If there is no civil service or union, then you are an employee at will and you can be fired.... Read Answer

As a general rule, if you address a judge in a civil manner, then there will be no consequences. However, if the intent is to insult the judge or disrupt court proceedings, then this is called "contempt of court:  Tenn. Code Ann. § 29-9-102 titled "Scope of power" states: The power of the several courts to issue attachments, and inflict punishments for contempts of court, shall not be construed to extend to any except the following cases (1)  The willful misbehavior of any person in the presence of the court, or so near thereto as to obstruct the administration of justice; (2)  The willful misbehavior of any of the officers of such courts, in their official transactions; (3)  The willful disobedience or resistance of any officer of the such courts, party, juror, witness, or any other person, to any lawful writ, process, order, rule, decree, or command of such courts; (4)  Abuse of, or unlawful interference with, the process or proceedings of the court; (5)  Willfully conversing with jurors in relation to the merits of the cause in the trial of which they are engaged, or otherwise tampering with them; or (6)  Any other act or omission declared a contempt by law.  ... Read Answer

Since your inquire was listed under "civil rights" and not a criminal law issue, I assume that your question is aimed at his civil rights. Your son still has to have a hand gun carry permit in order to possess a weapon and the fact that it was found in his car with him in it means that he was in possession of the gun. As long as there are criminal charges pending against you son, he was not wrongfully arrested. If he pleads guilty to the charge, then he was not wrongfully arrested.... Read Answer

The general answer is no because the public duty doctrine shields a public employee from suits for injuries that are caused by the public employee's performance of a duty. Also, Tennessee Governmental Tort Liability Act does not remove the immunity for allegations of libel or slander.    ... Read Answer