In 2017, three inmates in White County, Tennessee sued White County General Sessions Judge Sam Benningfield, alleging a variety of constitutional violations arising from a coervice sterilization-for-sentencing-credits program instituted in the county jail. Among other things, the inmates’ lawsuit sought injunctive relief that would forever terminate White County’s sterilization program.
On April 4, 2019, in a decision reversing the U.S. District Court for the Middle District of Tennessee, the United States Court of Appeals for the Sixth Circuit officially ruled that sterilization-for-sentencing-credits arrangements like the one instituted by White County Judge Sam Benningfield are unconstitutional. “Requiring inmates to waive a fundamental right to obtain a government benefit impermissibly burdens that right” in contravention of the Fourteenth Amendment, the Court’s opinion reads.
“This decision sends a clear, important message that should never have been necessary in the first place: Inmate sterilization is illegal and unconstitutional,” Daniel Horwitz, the inmates’ lawyer, said in a statement to The Tennessean on the ruling.
Daniel Horwitz is constitutional lawyer based in Nashville, Tennessee. If you would like to purchase a consultation from Horwitz, you can do so using the following form:
Nashville’s first-ever Community Oversight Board—a committee that will review and investigate complaints of police misconduct that voters approved by an overwhelming margin in a November 2018 referendum—will stand, according to a unanimous opinion from the Tennessee Court of Appeals. The Fraternal Order of Police and other opponents of police oversight had sought to invalidate the results of the election, claiming that the referendum should never have been submitted to voters. Advocates of the oversight board were represented by Nashville attorneys Daniel Horwitz and Jamie Hollin.
“The FOP’s attempt to invalidate a free election and strip 134,135 people of their vote has been rejected yet again,” Community Oversight Now attorneys Jamie Hollin and Daniel Horwitz said in a statement to The Tennessean. “We are pleased that Metro’s Community Oversight Board will be permitted to do the important work that voters demanded.”
The Metro Council will begin considering nominations to the Board immediately.
Daniel Horwitz is a campaign finance and election lawyer based in Nashville, Tennessee. Selected case documents and media reports about the case are available below. If you would like to purchase a consultation from Horwitz, you can do so using the following form:
Selected Case Documents and Media Coverage:
In another resounding win, celebrated Nashville restaurateur Randy Rayburn has again beaten back a multi-million dollar defamation and false light lawsuit filed against him by Thomas Nathan Loftis, Sr., the former director of Nashville State’s culinary program. In a unanimous ruling, the Tennessee Court of Appeals affirmed the outright dismissal of Mr. Loftis’s claims on the basis that Loftis had advanced a “far-fetched and not a reasonable interpretation” of the statements that he had sued over, and that “the statements in the newspaper article are not defamatory as a matter of law.” The Court of Appeals also ordered Mr. Loftis to pay for the costs of the lawsuit, and it further ordered the Trial Court to determine whether Loftis must pay Mr. Rayburn’s legal fees.
Given the serious threat that the case posed to the viability of newsgathering in Tennessee, the lawsuit attracted national attention from First Amendment organizations like The First Amendment Center’s Newseum Institute and TechDirt. The Court of Appeals’ decision constitutes a total victory and complete vindication for Mr. Rayburn, who has maintained that the lawsuit was frivolous from the beginning. “We’re thrilled about this resounding win, which fully vindicates Mr. Rayburn and the First Amendment yet again,” said Daniel Horwitz, Mr. Rayburn’s attorney. “Filing a lawsuit this frivolous was a very poor decision, and unfortunately for Mr. Loftis, it is about to become an expensive one as well.”
Daniel Horwitz is a First Amendment and speech defense lawyer based in Nashville, Tennessee. Selected case documents and media reports about the case are available below. If you would like to purchase a consultation from Horwitz, you can do so using the following form:
Selected Case Documents:
Selected Media Coverage:
-Nashville Business Journal: Nashville restaurateur Randy Rayburn faces $1.5 million lawsuit
-Nashville Business Journal: Judge dismisses $1.5M suit against well-known restaurateur
-First Amendment Center’s Newseum Institute: Unusual Defamation Suit Targets Source of Story
In a landmark ruling, the Tennessee Supreme Court has unanimously ruled that the special election to fill the vacancy in the Nashville Mayor’s office must be held in May. The ruling comes on the heels of Tennessee’s high court opting to exercise its extraordinary jurisdiction and review the case on an expedited basis.
“We are grateful that the Tennessee Supreme Court has issued a powerful, persuasive, and unanimous opinion vindicating Mr. Wallace’s claim that the Charter is clear and that Metro Government cannot unilaterally nullify a referendum supported by 83% of voters,” said Daniel Horwitz, Wallace’s attorney. “Hopefully, the next time around, Metro Legal will respect the will of the citizens that they are supposed to represent.”
If you would like to purchase a consultation from Horwitz, you can do so using the following form:
Selected Case Documents
Selected Media Coverage
-The Nashville Scene: Supreme Court: Mayoral Election Must Be Held in May
-The Nashville Post: Supreme Court moves mayoral election to May
-The Nashville Business Journal: Supreme Court strikes down August mayoral election date
-Nashville Business Journal: Tennessee Supreme Court to decide fate of Nashville mayoral election
-Nashville Post: Supreme Court will decide mayoral election date
-Nashville Scene: Metro Legal Could Cost the City Money for Another Election
Represented by attorney Daniel Horwitz, Tennessee bar applicant Maximiliano Gluzman—the “obviously very, very qualified” Vanderbilt Law School graduate who was denied the opportunity even to take the Tennessee Bar Exam—has officially won his case before the Tennessee Supreme Court. Based on the Court’s order approving his petition, Mr. Gluzman will be able to take the upcoming bar exam scheduled for February 2018.
“We conclude that the requirements of section 7.01 should not be applied to preclude Mr. Gluzman from taking the Tennessee bar examination,” the Court held in a per curiam order. “As a result, the BLE may not hereafter rely upon section 7.01 of Rule 7 as a basis to deny Mr. Gluzman permission to take the Tennessee bar examination.” The Court’s order is available here.
“We are ecstatic that the Tennessee Supreme Court has vindicated Mr. Gluzman’s claim that he was wrongfully denied the opportunity to take the Tennessee Bar Exam,” said Daniel Horwitz, Mr. Gluzman’s attorney. “Mr. Gluzman is as qualified to practice law as any attorney in Tennessee, and he will be a tremendous asset to the legal profession. Justice was served today.”
The briefing in Gluzman v. BLE featured the participation of three leading national conservative groups, which argued that the Board’s crippling regulations violated Mr. Gluzman’s fundamental right to earn a living free from irrational government overreach. Tennessee’s two flagship law schools—Vanderbilt Law School and the University of Tennessee College of Law—also filed petitions in the case after seeing students disenroll from their law programs once the Board began implementing its protectionist regulations.
Daniel Horwitz is a constitutional lawyer based in Nashville, Tennessee. Selected case documents and media reports about the case are available below. If you would like to purchase a consultation from Horwitz, you can do so using the following form:
Selected news coverage about the ruling is available at the following links:
-Nashville Post: Supreme Court rules Argentine can take Tennessee Bar
-Nashville Post: Argentine lawyer challenging Tennessee Board of Law Examiners
-Nashville Post: National conservative groups join local bar fight
-The Tennessean: How Tennessee discriminated against a talented Vanderbilt law grad
-Cato At Liberty Blog: Even Lawyers Have the Right to Earn an Honest Living
-Beacon Center Blog: Banned From the Bar Exam