Nashville Lawyer Blog

Inmates that receive poor medical care for Diabetes while incarcerated have protections under State and Federal law. Inmates may bring a claim under 42 U.S.C. § 1983 if they can establish that their constitutional rights were violated by guards or medical staff. The most common constitutional amendment implicated by inmates with diabetes is the Eighth Amendment, which prohibits cruel and unusual punishment including inadequate medical care. Inmates with diabetes may also bring claims against state and municipal prisons and jails under Title II of the Americans with Disabilities Act (ADA). Lastly, in prisons and jails that receive federal funding, inmates with diabetes may bring claims under Section 504 of the Rehabilitation Act (504).

If you or a loved one of yours has diabetes and received improper medical care while detatined in a Tennessee county, state, or federal prison, you should contact an attorney to protect your legal rights. David Raybin or Vince Wyatt may be reached at 615.256.6666

Reports have been coming in of improper background checks being conducted by various companies. Not only have the background checks produced false information but have also been conducted in unacceptable ways, such as failing to give employees sufficient notice of adverse action taken because of such checks and generating hurdles, which prevent workers from contesting reports. LexisNexis Risk Management Inc. has been among the accused in a recent lawsuit that resulted in a class-action settlement exceeding $20 million.

LexisNexis was the checking agency used by a Newport News call center known as Telespectrum, which required background checks for all employees. After 40 employees were fired upon the discovery of criminal records, it came to light that many of the reports were erroneous. In one instance, a woman was confused with another woman in a different state who happened to share the same name, resulting in a record that mistakenly listed convictions for prostitution among other crimes. Such reporting flaws seem to be common as studies by Public Interest Research Groups reveal a prevalence of errors on such reports.

However, the lawsuit's focal point was not the production of inaccurate information but a problem of lack of notice. Under the Fair Credit Reporting Act, users of the information for credit, insurance, or employment purposes must provide employees with an initial notice of an adverse action taken because of such a report no more than a day after an employer does. In the event of a firing, employees are to receive the full report a minimum of five business days prior to their termination. Likewise, users must identify the company who provided the report. Such regulations are in place to allow the consumer to verify or contest the accuracy of such a report. In the case concerning the LexisNexis, employees did not receive notice of negative reports until 10+ days after the employer did in some instances, and did not receive full reports until being let go.

To make matters worse, before investigating any claim of a flawed report, LexisNexis required employees to provide two types of identification. This hurdle coupled with the lack of notice, disallowed any chance an employee might have of correcting such a reporting error. Failure on the part of LexisNexis to abide by the protocols established by the Fair Credit Reporting Act, has thus resulted in a proposed settlement agreement of $20.7 million. Last April in Richmond, Virginia, U.S. District Judge Robert Payne issued a preliminary approval of the settlement and set a hearing for final approval this month. A detailed summary of your rights under the Fair Credit Reporting Act can be found here.

Sources:
Background-Checks Settlement Would Divvy Up $20.7 Million

Fair Credit Reporting Act

Posted By: Eston Vance Whiteside

When I get a call at the office from someone that is in trouble at the Nashville Airport, I almost always find that they failed to do the simple task described in the title of this article.

By the time they have gotten to the airport security checkpoint they have probably already been asked once about whether they are carrying weapons and have likely passed several warning signs, and of course everyone knows you can't carry a weapon into the airport, yet I still see clients regularly that made it to airport security with a weapon of some kind.

Some are women carrying self-defense weapons called kubatons on their keychains that are designed to protect themselves in dark parking lots; others are men that carry asps, brass knuckles, or collapsible batons to protect themselves when traveling late at night; and some are people that have concealed weapon carry permits that are so used to carrying their handgun in their laptop bag or carry bag for automobile travel that they simply forget it is in there.

Well in each of these cases, once such person makes their way to the airport security checkpoint, they will soon find themselves in an aiport police office. If their story is believable enough and they have little or no prior record, they will probably find themselves on the receiving end of a misdemeanor citation for illegally carrying or possession of weapons, a far better consequence than a federal charge for attempting to board an airplane with a weapon, but a criminal offense that carries criminal consequences. Even if you get a state citation and you are not charged federally, you may still find that the Federal Aviation Administration attempts to impose a civil penalty for your actions.

If you find yourself in this situation, you should contact a criminal attorney to help you with this matter. A criminal attorney may be able to help you avoid a permanent criminal conviction and the possible jail time of 11 months and 29 days that you would be facing. Our office has experience handling these types of cases in Nashville, Tennessee. Feel free to contact Vince Wyatt, David Raybin, or Ben Raybin or you may call us directly at (615) 256-6666.

David and Ben Raybin authored an article that was recently published in the Tennessee Bar Journal on this topic. Such article highlights the many concerns that attorneys should have about their client having a facebook, my space, twitter, etc. account. Individuals tend to post significant personal information on their social media accounts, which can be accessed by investigators, prosecutors, opposing attorneys, and the other party, etc.

To read the full Tennessee Bar Journal Article Click HERE

1. Take it very seriously. Many students are consumed with their class schedule, exams, and writing assignments and fail to give these things the proper attention that they deserve. A student should consider that a violation could lead to suspension or even expulsion. Certainly they deserve as much attention as a mid-term exam.
2. Tell your parents. I have found that many students are embarrassed by their conduct and too ashamed to tell their parents. In your early adult years, it may be hard to recognize this, but your parents have your best interest in mind. While they may at first be upset, they will want to help you avoid having a permanent mark on your personal or academic background and will try to help you as best they can. They will be informed of the result of your hearing so better to tell them while they can still help you.
3. Prepare yourself for the hearing. You need to present all available evidence on your behalf and if you have a helpful character witness that can speak for you then you should make sure that such person can be at your hearing. If you fail to present evidence that may have been reasonably available at your hearing then you will likely not be able to present that in your appeal.
4. Talk to an attorney or someone that will be very honest and objective with you. Your rights to appeal are limited. You need to have someone that can analyze the best way to present your case right the first time.
5. Don't be afraid to ask for a postponement of your hearing date. The worst thing that can happen is that they will deny this request. Whether it be time to make sure that an important character witness can appear at the hearing, extra time due to pending school assignments, or simply time to prepare and analyze how to present your case, a few extra days or week may make a difference in how well you present your case.