The Law Office of Daniel A. Horwitz, Esq.

Selected Case History

Nashville attorney Daniel Horwitz, left, and Davidson County Criminal Court Clerk Howard Gentry talk after a hearing where Horwitz presented a case for the mass expungement of 350,000 cases (involving 128,000 people). (Photo: Shelley Mays / The Tennessean)

Horwitz’s attorney bio is available here, and selected case history appears below.

1.  Gluzman v. Tennessee Board of Law Examiners—Tennessee Supreme Court (won)

Selected Case Documents:

-*Tennessee Supreme Court’s Order Granting Writ

Petitioner’s Principal Brief

Respondent’s Brief

Petitioner’s Reply Brief

Brief of Amici Curiae The Beacon Center, Cato Institute, and Goldwater Institute

Petition of Vanderbilt Law School and University of Tennessee College of Law

Selected Media Coverage:

-Nashville Post: Supreme Court rules Argentine can take Tennessee Bar

-Bloomberg: Argentine LL.M. With 3.9 GPA Wins Bid to Take Tenn. Bar Exam

-Nashville Post: Supreme Court amends bar eligibility rules

-Nashville Post: Argentine lawyer challenging Tennessee Board of Law Examiners

-Above the Law: State Bars Foreign Student From Bar Exam — Next Stop, State Supreme Court

-Nashville Post: Argentine passes Tennessee bar exam

-Supreme Court of Tennessee Blog: The Tennessee Supreme Court Has Agreed to Hear a Laughably Egregious Case of Economic Protectionism

-ABA Journal: Vanderbilt law prof who taught Argentine LLM student backs his bid to take the bar exam

-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

-Nashville Post: National conservative groups join local bar fight

-Nashville Post: Briefing complete in Argentine lawyer’s bar exam appeal

2.  Wallace v. Metropolitan Government of Nashville and Davidson County, et al.—Tennessee Supreme Court (won)

Selected Case Documents:

*Tennessee Supreme Court’s Opinion and Order granting relief

Wallace Principal Brief

Metro’s Principal Brief

Wallace Reply Brief

Wallace Application for Extraordinary Jurisdiction

Selected Media Coverage:

-The Tennessean: Tennessee Supreme Court moves up Nashville mayoral special election to May

-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

-WPLN: Nashville Must Hold Next Mayor’s Election In May, Court Rules

-Nashville Post: Supreme Court will decide mayoral election date

-Nashville Scene:  Metro Legal Could Cost the City Money for Another Election

3.  Loftis v. Rayburn—Davidson County Circuit Court/Tennessee Court of Appeals (won)

Selected Case Documents:

*Circuit Court’s Order Dismissing Plaintiff’s Complaint With Prejudice

*Appellate Court Order Denying Plaintiff’s Appeal and Remanding for Consideration of Attorney’s Fees Award

*Circuit Court’s Order Awarding $10,000.00 in Attorney’s Fees

Plaintiff’s First Amended Complaint

Defendant’s Motion to Dismiss First Amended Complaint

Plaintiff’s Response to Motion to Dismiss (1)/Plaintiff’s Response to Motion to Dismiss (2)

Defendant’s Reply to Plaintiff’s Response

Transcript of Hearing on Defendant’s Motion to Dismiss

Brief of Plaintiff-Appellant Thomas Nathan Loftis, Sr.

Brief of Defendant-Appellee and Cross-Appellant Randy Rayburn

Selected Media Coverage:

-The Tennessean: The Tennessean: Judge awards Randy Rayburn $10,000 after ‘far-fetched’ defamation suit was dismissed

-The Tennessean: Defamation lawsuit against restaurateur Randy Rayburn dismissed — again

-TechDirt: Appeals Court Finally Shuts Down Bogus Lawsuit Targeting A School Official For Words A Journalist Wrote

-The Nashville Business Journal: Court of Appeals dismisses lawsuit against Nashville restaurateur

-TechDirt: Judge Dumps Stupid Libel Suit Featuring A Man Suing A Third Party For Things A Journalist Said

-Nashville Business Journal: Nashville restaurateur Randy Rayburn faces $1.5 million lawsuit

-TechDirt: Former University Official Files Libel Lawsuit Against His Replacement For Things A Journalist Said

-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

4.  Sullivan v. Benningfield—U.S. District Court for the Middle District of Tennessee/U.S. Court of Appeals for the Sixth Circuit (won)

Selected Case Documents:

       *Final Order and Consent Decree

*Sixth Circuit Opinion Reversing District Court

Plaintiff’s Amended Complaint for Injunctive and Declaratory Relief

     –6th Circuit Brief of Plaintiffs-Appellants

Plaintiffs’ Motion to Certify State Law Claims

Plaintiffs’ Motion for Partial Summary Judgment

Plaintiffs’ Motion for Estoppel Based on Defendant Benningfield’s Public Reprimand

Defendants’ Response in Opposition to Partial Summary Judgment

Plaintiffs’ Reply to Defendants’ Response in Opposition to Partial Summary Judgment

Selected Media Coverage:

-The Tennessean: Federal court order officially ends Tennessee ‘inmate sterilization’ program

-Vice: A Tennessee County Wanted to Sterilize Inmates for Shorter Sentences. That’s Over Now.

-Fox 17: Tennessee inmates win suit against judge who offered sentencing credits for sterilization

-IFL: Federal Court Ends Tennessee’s Controversial Inmate Sterilization Program

-News Channel 5: White County Inmate Sterilization Program terminated by federal ruling

-The Tennessean: Court revives lawsuit against judge who shortened jail time if inmates got ‘sterilized’

-The Washington Post: Tennessee judge reprimanded for offering reduced jail time in exchange for sterilization

-The Tennessean: 2nd lawsuit challenges Tennessee county’s inmate birth control practice

-WSMV Channel 4: Judge under scrutiny for offering reduced sentences for vasectomies, birth control implants

-BBC News: ‘We were guinea pigs’: Jailed inmates agreed to birth control

-ScotBlog: Lawsuit Seeks to End White County’s Ongoing Sterilization Program

5.  Fraternal Order of Police v. Metropolitan Government & Community Oversight NowTennessee Court of Appeals (won)

Selected Case Documents:

*Court of Appeals Memorandum Opinion Affirming Judgment

FOP Court of Appeals Brief

Metro Court of Appeals Brief

Community Oversight Now Court of Appeals Brief

*Tennessee Supreme Court Order Denying FOP’s Rule 10 Application

FOP Rule 10 Application

Community Oversight Now Rule 10 Response

               *Tennessee Supreme Court Order Denying Appeal

Selected Media Coverage:

-The Tennessean: Community oversight board belonged on the Nashville ballot, appeals court says; vote stands

-The Nashville Scene: Nashville Police Union Loses (Again) in Legal Fight Against Community Oversight

-The Nashville Scene: Community Oversight Won Big Despite the Campaign to Defeat It

-The Tennessean: Tennessee Supreme Court won’t touch suit challenging community oversight board

6.  Deja Vu of Nashville, et al. v. Metropolitan Government, et al.—U.S. District Court for the Middle District of Tennessee (won)

Selected Case Documents:

*Memorandum Opinion and Order Dismissing Complaint With Prejudice

–Complaint

–Schipani Memorandum in Support of Her Motion to Dismiss

Deja Vu’s Response to Schipani’s Motion to Dismiss

–Schipani Motion to Stay Proceedings

–Order Granting Schipani’s Motion to Stay

–Metro’s Motion to Dismiss

Selected Media Coverage:

–Nashville Business Journal: Judge sides with Metro officials, property owner in strip-club legal battle

–Patch: Nashville Strip Club Sues City Claiming ‘Conspiracy’

–Nashville Business Journal: Nashville strip club takes aim at Metro officials, local business owners in newly filed suit

–Nashville Business Journal: Metro fights back in strip-club legal battle

7.  Project Belle, LLC v. Tennessee Board of Cosmetology and Barber Examiners—Tennessee Board of Cosmetology and Barber Examiners (won)

Selected Case Documents:

*Board’s Order Dismissing Complaint

Board Complaint and Demand to Cease and Desist

Respondent’s Response Letter Denying Liability and Refusing Consent Order

Selected Media Coverage:

-Forbes: Tennessee Regulators Drop Complaint, Won’t Block Beauty App From Operating

-Forbes: Tennessee Wants To Shut Down This Beauty And Health App For Offering ‘Highly Disturbing’ Competition

-Reason Tennessee Decides It’s Not Actually Dangerous for a Cosmetologist to Do House Calls

-Nashville Business Journal: Regulators withdraw complaint against Nashville-based startups

-Reason: Tennessee Cosmetology Board Admits it Doesn’t Have Authority To Regulate Tech Companies

-Daily Signal: How This Nashville Tech Company Challenged a State Regulatory Board and Won

-The Federalist Society: Regulatory Hurdles for Entrepreneurs: The Story of Project Belle

8.  Calvin Eugene Bryant, Jr. v. State of Tennessee—Tennessee Court of Criminal Appeals (won)

Selected Case Documents:

Calvin Bryant Clemency Petition

Calvin Bryant Verified Petition for Sentencing Relief

Appendix

Petitioner’s Supplemental Memorandum in Support of Jurisdiction

*Trial Court Order Denying Relief

Record Designations and Issues to Be Presented on Appeal

Calvin Bryant Principal Brief

Selected Media Coverage:

–The Tennessean: Sentenced to 17 years for low-level drug charge, Nashville man gets freedom thanks to deal with prosecutors

–Patch:  Nashville Case Highlights Drug-Free School Zone Reform Efforts

–Reason: How a Drug-Free School Zone Sent a Tennessee College Student to Prison For 17 Years

–Reason: Calvin Bryant Was Serving a Draconian Mandatory Minimum Sentence. Now He’s Free

–Nashville Scene:  Council Members Petition Judge Over Drug-Free School Zone Case

–The Tennessean:  He got 17 years for selling drugs near school. Now 12 Nashville officials are fighting on his behalf

–ScotBlog: Eighth Amendment Challenge Filed Against Tennessee’s “Drug Free School Zone” Law

–Families Against Mandatory Minimums: Calvin Bryant: 17 Years for a First Offense

9.  Estate of Jocques Scott Clemmons v. Metropolitan Government and Danny Satterfield—U.S. District Court for the Middle District of Tennessee (won)

Selected Case Documents:

Clemmons Complaint & Exhibits (MNPD Social Media Warrants)

*Settlement Agreement

Selected Media Coverage:

-Patch: After A Year, Nashville Police Return Jocques Clemmons’ Phone

-The Tennessean: More than a year after Jocques Clemmons died, police returned his phone to family

-News Channel 5: Metro Police Return Clemmons’ Cell Phone After Lawsuit Is Filed

-The Tennessean: A year after Jocques Clemmons’ death, police still have his phone. His family wants it back.

-The Nashville Scene: It’s Been One Year Since the Jocques Clemmons Shooting

10. R.U. v. State of Tennessee—Davidson County General Sessions Court (won)

Selected Case Documents:

*Trial Court’s Order Granting Writ of Audita Querela 

Petition for Writ of Audita Querela (Redacted)

Selected Media Coverage:

-Slate: An Attorney and a DA Are Seeking Justice for Tennesseans Convicted of “Homosexual Acts”

-NPR: How Nashville Man Cleared Of ‘Homosexual Acts’ Conviction Paves The Way

11.  Tennesseans for Sensible Election Laws v. Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance et al.Davidson County Chancery Court (won) (appeal pending)

Selected Case Documents:

Plaintiff’s Complaint

Plaintiff’s Memorandum of Law in Support of a Preliminary Injunction

Defendants’ Answer

Plaintiff’s Pre-Trial Brief

Defendants’ Pre-Trial Brief

Chancery Court Memorandum and Order

Chancery Court Order Awarding Attorney’s Fees

Selected Media Coverage:

-The Tennessean: Nashville judge rules against state in lawsuit over ‘blackout period’ for PACs

-Nashville Post: Court strikes down ‘blackout period’ campaign finance provision

-The Tennessean: Tennessee sued over PAC contributions ‘blackout period’ before elections

12.  George v. Hargett (on behalf of Amicus Curiae)—U.S. Court of Appeals for the Sixth Circuit (won)

Selected Case Documents:

Brief of the “Yes On 1” Campaign as Amicus Curiae

*Sixth Circuit Opinion Reversing District Court

Plaintiffs’ Petition for Rehearing En Banc

Sixth Circuit Order Denying En Banc Review

Selected Media Coverage:

-The Tennessean: Appeals court won’t reconsider Tennessee abortion measure decision

-Patch: Federal Court Denies Challenge To Tennessee Abortion Amendment

-The Tennessean: Fate of Tennessee abortion measure Amendment 1 now up to appeals court

-Pro Life News: Tennessee: Pro-Life Win as Judge Says State Counted Votes Correctly on Amendment 1

-The Tennessean: Amendment 1 plaintiffs on shaky legal ground

-News Channel 5: Vote Counting For Tennessee Abortion Measure Argued In Federal Court

-Yes on 1: Yes on 1 Files State Court Motion on Behalf of Disenfranchised Voters

13.  Owens v. Metropolitan Nashville Police Department—Davidson County Chancery Court (won)

Selected Case Documents:

*Order Granting Declaratory Judgment to Plaintiff

Plaintiff’s Complaint

Plaintiff’s Application for Temporary Injunction

Selected Media Coverage:

-Patch: Obscenity Charges Dropped In Nashville Stick Figure Sex Case

-Faultlines: Nashville Cops Hate Stick Figure Sex (and the First Amendment)

-Heat Street: Tennessee Cops Back Down on Fine For ‘Obscene’ Bumper Sticker of Stick Figures

-TechDirt: Driver Sues State After Receiving Ticket For ‘Obscene’ Stick Figure Vehicle Decal

14.  The Dog Spot v. Byer et al.—Davidson County Circuit Court (won)

Selected Case Documents:

-*Order Dismissing Lawsuit With Prejudice

The Dog Spot Complaint

Defendant Hardin Motion to Transfer & Exhibits

Defendant Hardin’s Memorandum in Support of Motion to Dismiss

Hardin Motion to Dismiss

Selected Media Coverage:

–News Channel 5: Libel Lawsuit Dropped By Doggie Daycare

-The Nashville Scene: The Dog Spot Sues Two East Nashville Facebook Group Members for Libel

-The Tennessean: The Dog Spot East Nashville files $2 million libel lawsuit against Facebook commenters

-Nashville Business Journal: Nashville pet store files $2M suit over Facebook comments

-Channel 4 News: Owners of The Dog Spot file lawsuit over Facebook posts

-News Channel 5: Libel Suit From Doggie Day Care Hopes To Fetch $2 Million

15.  Jason Blake Bryant v. State of Tennessee—U.S. District Court; U.S. Court of Appeals for the Sixth Circuit (pending)

Selected Case Documents:

–Sixth Circuit Order Granting Motion to File Successive Habeas Petition

–Petitioner’s Memorandum in Support of Successive Habeas Petition

–Middle District of Tennessee Order Granting Motion to Transfer

–Petitioner’s Petition for Writ of Mandamus

–Sixth Circuit Order Directing Response to Petition for Writ of Mandamus

–Judge Waverly Crenshaw Response in Opposition to Petition for Writ

Selected Media Coverage:

–The Associated Press: Tennessee Prisoner Sentenced to Life at 15 Asks for Freedom

–WJHL Channel 11: Man convicted as teen in Lillelid murders sentence challenge delayed

–ScotBlog:  Jason Bryant Statement on Recent Coverage Regarding Lillelid Murders

16.  Joshua “JT” Conway v. Kumari Fulbright et al.Davidson County Circuit Court (won)

Selected Case Documents:

*Final Order Granting Injunctive and Declaratory Relief

Plaintiff’s Complaint

Plaintiff’s Memorandum in Support of His Motion for Summary Injunctive Relief

Plaintiff’s Motion for Sanctions Concerning Withheld Police Report

Fulbright Deposition As Filed

Selected Media Coverage:

-Fox 17: Boyfriend Speaks Out After He Was Kidnapped by Beauty Queen and Accused Drug Dealer

-Courthouse News: Beauty Queen Accused of Defaming Victim on TV

-Supreme Court of Tennessee Blog: Nashville School of Law Graduate JT Conway Wins Libel Lawsuit Against Convicted Felon, Ex-Beauty Queen Kumari Fulbright

17.  Tennessean v. Metro (on behalf of Amici Curiae)—Tennessee Supreme Court (won)

Selected Case Documents:

Brief of Amici Curiae Domestic and Sexual Violence Prevention Advocates

Tennessee Supreme Court Opinion

Tennessee Supreme Court Opinion—Dissent

Selected Media Coverage:

-The Tennessean: Tennessee Supreme Court denies records in Vanderbilt rape case

18.  Shaundelle Brooks/Abede DaSilva v. Jeffrey Reinking—Davidson County Circuit Court/U.S. District Court for the Middle District of Tennessee (won)

Selected Case Documents:

Amended Complaint of Shaundelle Brooks, individually, and next-of-kin to Akilah DaSilva

Abede DaSilva’s Memorandum in Support of Partial Summary Judgment

Plaintiff’s Statement of Undisputed Material Facts

Deposition of Jeffrey Reinking

Jeffrey Reinking’s Responses to Plaintiff’s First Set of Interrogatories

*Agreed Order of Settlement and Compromise

*Settlement Order/Stipulation of Dismissal

Selected Media Coverage:

-The Tennessean: Victim’s family reaches settlement in suit against Waffle House shooting suspect’s father

-The Tennessean: Waffle House shooting victim’s mom files $100M wrongful death suit against Reinkings

-The Tennessean: Waffle House shooting suspect Travis Reinking liable in wrongful death suit, judge says

-The Tennessean: Father of Waffle House shooting suspect Travis Reinking charged with gun crime

-The Tennessean: Waffle House shooting witness who watched brother die sues suspect’s father

-WKRN Channel 2: What do the indictments mean for lawsuits filed against Reinking, dad?

Daniel Horwitz is lawyer based in Nashville, Tennessee.  If you would like to purchase a consultation from Horwitz, you can do so using the following form:

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