[Masthead] Fair ~ 75°F  
High: 92°F ~ Low: 67°F
Friday, May 25, 2012

Lawsuit

Judge: Property dispute 'frivolous' (05/17/12)
A state court has called an appeal involving an ongoing property line dispute "frivolous," ordering a Bedford County woman to pay damages and legal fees to her neighbors. Appeals Court Judge Andy D. Bennett ordered Chancellor J.B. Cox to determine appropriate damages related to attorney fees and expenses incurred by the neighbors of Betty Jean Langford...
Brief Georgia dip disputed (05/15/12)
A man held in the county jail on kidnapping charges has filed a second federal suit against a number of individuals, claiming that he was briefly moved out of state without permission. Jimmy Ray Massey, 38, of Highway 64 East, was indicted in February on two counts of domestic assault, kidnapping, leaving the scene of an accident, reckless endangerment, DUI (first offense) evading arrest and failure to appear. ...
County's response to lawsuit requested (05/01/12)
Attorneys representing four deputies suing over unpaid overtime claim that Bedford County has not responded to a number of discovery requests. Sheriff Randall Boyce and the county were sued last August by David Sakich, Kevin Holton, Scott Jones, Todd Hammond "and others similarly situated" under the Fair Labor Standards Act, claiming they were denied overtime and straight time compensation and were worked "off the clock," also alleging they were retaliated against for exposing the issue...
E-911 sues for return of $76,000 (04/26/12)
The Bedford County Emergency Communication District filed a federal lawsuit against BellSouth (now known as AT&T) last week, demanding the recovery of $76,000 in service charges. The suit claims the phone company has billed the ECD "far in excess" of the number of phone lines for which BellSouth reported and remitted 911 charges...
Tight handcuffs left permanent damage: Inmate (04/03/12)
A man serving 12 years in prison on drug charges is suing Shelbyville's police department and one of its officers for nearly a quarter of a million dollars in damages and free medical care for life, claiming his handcuffs were put on too tight. George Scott Mason filed a civil action against the Shelbyville police department and officer Tracey Nelson in Bedford County Circuit Court in February, which was transferred to the federal court level last week...
Suspect, sheriff debate legality of home search (04/03/12)
A man recently arrested on drug charges has filed a federal lawsuit against the county mayor, sheriff and officers claiming his home was searched without a warrant and that he was assaulted. But an arrest report by a detective involved in the litigation tells a much different story than the plaintiff does once several details are added to the tale...
Both sides in quarry suit told to limit paperwork (03/21/12)
An ongoing lawsuit against Shelbyville over a proposed rock quarry has been stayed in federal court until the outcome of a state appeal is known. But the federal judge overseeing the suit also put attorneys on notice about the "conduct in the case," cautioning them about lengthy "document dumps."...
Robertson trial moved to early 2013 (03/01/12)
A federal judge has agreed to continue a trial in a class action suit against the county, while denying a request for summary judgment in the case. U.S. District Judge Harry S. Mattice granted a motion to extend the trial date for Ricky Robertson, who has been suing Bedford County since late 2010 over its bail bonding system and also claims he was severely beaten at the jail. The trial had been set for May 22, but it will not be held until early 2013...
County counters inmate's claims (02/26/12)
Attorneys for the county are asking for summary judgment in a federal class action lawsuit centered around the county's bail bonding system. Ricky Robertson has been suing Bedford County since late 2010, claiming that it operates a system of setting bail for those arrested and presented to a judicial commissioner "that is not based on the individualized assessment of that particular person's likelihood to flee."...
Dismissal of trustee suit asked (02/21/12)
Bedford County and its trustee have filed a motion for summary judgment to end a federal suit brought by a former county employee. In late 2010, Cynthia L. Ray filed a suit against the county and trustee Tonya Davis, claiming she had been fired for openly supporting Davis' opponent during that year's election...
Trial date set in OT lawsuit (02/16/12)
A trial date in a lawsuit against the sheriff and county over unpaid overtime has been set for November. On Tuesday, members of the Bedford County Commission revised the minutes of their January meeting to reflect that a suit filed by four detectives against Sheriff Randall Boyce and the county had not been settled...
Judgment against Americare overturned (01/20/12)
The Tennessee Court of Appeals has overturned a $5 million judgment against the parent company of a local assisted living facility in a wrongful death suit. In April 2010, a Bedford County jury returned a verdict of more than $5.4 million against Americare Systems Inc, and Shelbyville Residential LLC, which does business as Celebration Way, and two nurses -- Dottie Hunt and Mary Ann Steelman...
Deputies to be paid OT (01/11/12)
Bedford County Board of Commissioners, after a closed attorney-client meeting, voted Tuesday night to settle overtime lawsuits brought against the county by sheriff's department employees, and to pay back wages owed to sheriff's department dispatchers...
Rock quarry suit delayed again (12/28/11)
A federal judge has ordered another delay in an ongoing lawsuit over a proposed rock quarry, canceling a June 2012 trial date. Last October, Norma and Tommy Wright, Wright Paving Co. Inc., and Custom Stone LLC filed a suit in federal court for $10 million against the city of Shelbyville, its board of zoning appeals, planning commission, and codes and planning director Ed Dodson "in his official capacity and individually," accusing them of violating due process, inverse condemnation, unconstitutional taking, negligence and creating an unconstitutional "floating" zone.. ...
Hearing scheduled in suit vs. sheriff (12/23/11)
A federal judge has ordered a hearing to see if a preliminary injunction will be issued to halt alleged retaliation against sheriff's department employees who may wish to join a lawsuit over unpaid overtime. U.S. District Judge Harry S. Mattice, Jr. has set Jan. 5 in Chattanooga for a full evidentiary hearing over claims made by four detectives who filed suit against Sheriff Randall Boyce and Bedford County...
Judge to hear 2 suits vs.county (12/16/11)
A federal magistrate has determined that two suits filed against the sheriff and county are related and will not need to be assigned to a different judge. U.S. Magistrate William B. Mitchell Carter issued an order this week stating that litigation filed in August by four detectives and the lawsuit by the county's former child abuse investigator, Rebecca Hord, "is related" and that there is no need for reassignment since both cases are currently assigned to the same district judge, Harry S. ...
Detective sues over dismissal (12/09/11)
The county's former child abuse investigator has filed a federal lawsuit against Sheriff Randall Boyce and Bedford County, claiming she was fired for supporting other officers suing over unpaid overtime, and also for her race and gender. Rebecca Hord filed a complaint Wednesday in U.S. District Court under the Fair Labor Standards Act (FLSA) and the Tennessee Human Rights Act (THRA) for failure to pay overtime, racial and gender discrimination, as well as retaliatory discharge...
County seeks partial dismissal of bail bond suit (11/10/11)
A motion is before a federal judge to partially dismiss a lawsuit centered around the county's bail bonding system. Ricky Robertson has been suing Bedford County since last December, claiming that it operates a system of setting bail for those arrested and presented to a judicial commissioner "that is not based on the individualized assessment of that particular person's likelihood to flee."...
Lawsuit vs. county to stay active (10/25/11)
A federal judge has denied Bedford County's request for summary judgement in a wrongful death suit, suggesting that the credibility of the jail's nurse may be in question. Attorneys for the county had been asking for dismissal of the remaining claims involving county jail inmate Larry Dale Byford, 54, who died at Vanderbilt Medical Center in 2009 after suffering an apparent heart attack while incarcerated...
Trial set Nov. 1 over jail death (10/05/11)
Following more than a month of motions in a wrongful death suit against the county, a federal judge has set a trial date for November in Winchester Since August, attorneys for the county have been asking for dismissal of the remaining claims involving county jail inmate Larry Dale Byford, 54, who died at Vanderbilt Medical Center after suffering an apparent heart attack while incarcerated...
Class action status sought in bail bond lawsuit (09/28/11)
A man suing the county over its bail bonding system is asking a federal judge for class action status, entering a number of exhibits in his case. Ricky Robertson has been suing since last December, claiming that Bedford County operates a system of setting bail for those arrested and presented to a judicial commissioner "that is not based on the individualized assessment of that particular person's likelihood to flee."...
Detectives hit disbanding of drug unit (09/16/11)
Detectives suing the sheriff and county over alleged unpaid overtime claim that the investigation of drug activity in Bedford County has been "all but completely eliminated" following the disbanding of the department's Criminal Suppression Unit. The 17th Judicial District Drug Task Force also investigates drug activity in Bedford County and is not involved with or affected by the lawsuit...
Sheriff: No retaliation for lawsuit (09/08/11)
Sheriff Randall Boyce claims no overtime was approved for members of his department's crime suppression unit, denying allegations by detectives that they have been victims of retaliation for filing a lawsuit. An affidavit from Boyce was filed Wednesday in federal court in response to the suit, as well as a detailed answer to the allegations, with the sheriff saying the detectives are not entitled to any back pay...
Retaliation alleged by plaintiff in suit (08/31/11)
A sheriff department employee claims that retaliation is continuing against those who filed a federal lawsuit over unpaid overtime. He says the retaliation is in the form of displaying news articles about the matter at Bedford County Jail. Two weeks ago, maintenance worker Jeremy Beech joined a lawsuit filed by four detectives who allege they have worked for two years without being paid overtime, and were demoted for informing county officials about the situation...
Delay sought in bail bond suit (08/31/11)
A man who filed a class action suit against the county and a deputy last year is asking for more time to file motions in the case. Last December, Ricky Robertson sued Bedford County, Deputy Kevin Roddy and "John Does," alleging violations of the 4th, 8th and 14th amendments to the U.S. Constitution...
City seeks dismissal of quarry suit (08/21/11)
The city of Shelbyville is trying once again to have an ongoing federal lawsuit over a proposed rock quarry dismissed. Last October, Norma and Tommy Wright, Wright Paving Co. Inc., and Custom Stone LLC filed a suit in federal court for $10 million against the city, the board of zoning appeals, the planning commission, and codes and planning director Ed Dodson "in his official capacity and individually," accusing them of violating due process, inverse condemnation, unconstitutional taking, negligence and creating an unconstitutional "floating" zone.. ...
Plaintiff joins suit against Boyce (08/17/11)
A maintenance worker with the sheriff's department has joined a lawsuit filed by four detectives alleging unpaid overtime, while the officers are asking for a court injunction to prevent retaliation against others who want to participate in the litigation...
Detectives sue sheriff on OT pay (08/05/11)
Four Bedford County sheriff detectives are suing Sheriff Randall Boyce and the county in federal court, claiming they have been denied overtime pay for the past two years. David Sakich, Kevin Holton, Scott Jones and Todd Hammond "and others similarly situated" filed suit Thursday under the Fair Labor Standards Act, claiming they were denied overtime and straight time compensation and were worked "off the clock." They also allege they were retaliated against for exposing the issue...
Farrar won't drop suit against city (08/05/11)
Despite a recent court ruling against him, a man suing the city over an alleged wrongful arrest intends to continue with his litigation. James Edward "Blue" Farrar Jr. is suing the police department, Mayor Wallace Cartwright, Police Chief Austin Swing and officers Tory Moore and Jose Garza, claiming his rights were violated when officers arrested him in 2009 for public intoxication...
Police want suit ended (04/26/11)
Two Shelbyville police officers are asking that a federal suit against them be dismissed, pointing out that the matter that brought about the litigation has been sent back to a criminal appeals court. James Edward "Blue" Farrar Jr. filed a federal lawsuit in January against Mayor Wallace Cartwright, Police Chief Austin Swing, officers Tory Moore, Jose Garza and the Shelbyville Police Department, claiming his rights were violated when officers arrested him in April 2009 for public intoxication...
Police contest Farrar lawsuit (04/06/11)
An attorney for Shelbyville's mayor, police chief and two officers is asking that a federal lawsuit be dismissed, denying the claims of a man who said he served over a year in jail for a crime he did not commit. In documents filed in federal court last week, attorney Heather C. Stewart of Nashville answered allegations made by James Edward "Blue" Farrar Jr,, who claims his rights were violated when officers arrested him in April 2009 for public intoxication...
Extension granted for response to suit (03/17/11)
Targets of a federal lawsuit have been given until the end of the month to respond to claims made by a Shelbyville man who says he served over a year in jail for a crime he did not commit. U.S. Magistrate Judge William B. Carter has granted an extension of time, until March 31, so that attorneys representing Mayor Wallace Cartwright, Police Chief Austin Swing, officers Tory Moore, Jose Garza and the Shelbyville Police Department can answer allegations made by James Edward "Blue" Farrar Jr...
Thomas told to prove claims vs. deputies (03/08/11)
The majority of a federal lawsuit against the county, sheriff and several deputies filed by a man who pleaded guilty to starving hundreds of cows has been dismissed with prejudice. However, a federal judge ruled that individual claims of malicious prosecution against three deputies can continue in federal court, but those accusations must be backed up with proof within two weeks...
Wrongful death suit will enter federal mediation program (03/08/11)
A wrongful death suit against the county is headed into federal mediation, while parts of the suit may be remanded back to the local court level. Doris Rollins, sister of 54-year-old Larry Dale Byford, is suing Sheriff Randall Boyce, Capt. Tim Lokey of the county workhouse, Donna Delrio, who works as a nurse at the jail, the county and "John and Jane Doe, employees of Bedford County, Tennessee," over her brother's death...
Dismissal of lawsuit against county sought (03/01/11)
Attorneys for the county are asking that a wrongful death and medical malpractice suit be "dismissed with prejudice" in an amended answer filed in federal court on Monday. Doris Rollins, sister of 54-year-old Larry Dale Byford, is suing Sheriff Randall Boyce, Capt. Tim Lokey of the county workhouse, Donna Delrio, who works as a nurse at the jail, the county and "John and Jane Doe, employees of Bedford County, Tennessee," over her brother's death...
Farrar files civil rights suit vs. city (01/27/11)
A promised federal civil rights lawsuit has been filed against Shelbyville Police Department, two officers and the mayor over an arrest that caused a man to serve over a year in jail for a crime he claims he did not commit. James Edward "Blue" Farrar Jr. alleges that his Fourth Amendment rights were violated when officers arrested him in April 2009 for public intoxication. Farrar was sentenced to serve 14 months for violating his probation...
County defends deputies, bail system in lawsuit (01/25/11)
Attorneys for the county are denying the claims of a class action lawsuit and are asking a federal judge to dismiss it. In December, Ricky Robertson sued Bedford County, Deputy Kevin Roddy and John Does over alleged violations of the 4th, 8th and 14th amendments to the U.S. Constitution...
Medical malpractice claim added to suit (01/20/11)
A federal magistrate has allowed a motion adding a medical malpractice claim to a wrongful death lawsuit against the sheriff, jailers and the county. U.S. Magistrate Judge Susan K. Lee ruled Monday that a motion to amend the complaint filed by Doris Rollins, sister of 54-year-old Larry Dale Byford, was granted...
Suit accuses Davis of firing in retaliation (01/18/11)
A 24-year employee of the county trustee's office has filed a federal lawsuit against trustee Tonya Davis and Bedford County, claiming she was fired for openly supporting Davis' opponent during last year's election. Cynthia L. Ray claims that Davis and the county violated her 1st and 14th amendment rights, state rights, fired her in retaliation for exercising her constitutional rights, and intentionally inflicted emotional distress...
Wright suit against city scheduled for trial in 2012 (01/14/11)
A federal judge has set a trial date for the summer of 2012 for a $10 million suit filed by a local paving company against the city. United States District Judge Harry S. Mattice, Jr. has set a date of June 19, 2012, in federal court in Winchester for a jury trial in the suit against Shelbyville filed last October by Norma and Tommy Wright, Wright Paving Co. Inc., and Custom Stone LLC over a proposed rock quarry on L. Fisher Road...
County refutes claim in suit (01/11/11)
Attorneys defending the county in a wrongful death lawsuit are asking a federal judge to deny a motion adding a medical malpractice claim to the litigation. Last week, Doris Rollins filed an amended complaint in her suit against Sheriff Randall Boyce, Capt. Tim Lokey of the county workhouse, Donna Delrio, who works as a nurse at the jail, the county and "John and Jane Doe, employees of Bedford County, Tennessee."...
Negligence claim added to lawsuit (01/02/11)
A medical negligence claim against a nurse and Bedford County has been added to a wrongful death suit filed in federal court against Sheriff Randall Boyce and others. In October, Doris Rollins, sister of 54-year-old Larry Dale Byford, flied a suit against Boyce, Capt. Tim Lokey of the county workhouse, Donna Delrio, who works as a nurse at the jail, the county and "John and Jane Doe, employees of Bedford County, Tennessee."...
$5M verdict in death suit to be argued (12/21/10)
A judgment in excess of $5 million against the parent company of a local assisted living facility in a wrongful death suit will be going to the Tennessee Court of Appeals after a judge overruled defense motions and approved the judgments. In April 2010, a Bedford County jury returned a verdict of more than $5.4 million against Americare Systems Inc, and Shelbyville Residential LLC, which does business as Celebration Way, and two nurses -- Dottie Hunt and Mary Ann Steelman...
Trial set in inmate death suit (12/08/10)
A trial date has been set for late next year in a wrongful death suit filed in federal court against Bedford County Sheriff Randall Boyce and others. United States District Judge Harry S. Mattice has scheduled a jury trial for Nov. 1, 2011 in Winchester to hear the suit filed by Doris Rollins, sister of 54-year-old Larry Dale Byford...
Court decision overturned (09/17/10)
A Shelbyville man is in the process of filing a lawsuit against the city and two police officers after the state court of criminal appeals overturned a ruling that resulted in a 14-month jail term for a crime he claims he did not commit. Appellate Judge James Curwood Witt Jr., ruled that prosecutors presented insufficient evidence to prove that James Edward "Blue" Farrar, Jr., violated the terms of his probation by being publicly intoxicated, reversing the judgment handed down by Circuit Court Judge Lee Russell.. ...
City must pay quarry suit costs (09/14/10)
The city of Shelbyville will now have to pay the legal costs of a 5-year-old lawsuit over a proposed rock quarry, according to the Tennessee Municipal League (TML). Last month, Wright Paving Company Inc., Norma and Tommy Wright and Custom Stone LLC filed a petition for writ of certiorari in Bedford County Chancery Court, asking for a judge to overturn a decision made by the Board of Zoning Appeals in June...
City continues suit over East Depot demolition (09/09/10)
Despite foreclosure on a piece of property on East Depot Street where the city demolished a building two years ago, Shelbyville will continue to pursue a lawsuit against its owner to recover costs. City attorney Ginger Shofner stated that there would be no change in the suit against Alice Albrecht, the owner of 109 East Depot St., who owned one of two buildings brought down in late 2008...
Alley at center of dispute (09/07/10)
Surveying work is to be completed behind several buildings on East Depot Street to determine ownership of an alley following the city being brought into a lawsuit between downtown property owners. William P. Cooper, James H.S. Cooper and John N.P. Cooper have filed suit in Bedford County Chancery Court against the city and property owners Harry Woosley III, Elizabeth Rodgers and Edward Woosley, doing business as DHC Properties LP, R&B Rental, and Ronald R. and Donald R. Stacey...
Treatment refused -- Ex-inmate (09/03/10)
A former Bedford County jail inmate has filed a federal civil rights lawsuit against the sheriff, four unnamed deputies, two nurses and a doctor, claiming he was denied medical treatment for a perforated esophagus while locked up. Randall Edwin Fulghum is asking for a total of $2 million in compensatory damages, $4 million in punitive damages and nominal damages totalling $800,000 from eight defendants...
Murder victim's family didn't receive money in suit (08/26/10)
The family of a murder victim have said they have not received money from a wrongful death suit, nor do they expect it. Chester and Donna Floyd, parents of Joseph Timothy Floyd, were awarded $120,000 following a ruling earlier this year in a suit against Jacob Wayne Riddle of Tullahoma...