State Supreme Court Rules That Metro Charter Allows Davidson County Sheriff To Perform Immigration Enforcement Duties

Thursday, October 04, 2012

The Tennessee Supreme Court ruled that the agreement between the Metropolitan Government of Nashville and Davidson County (“Metro”), through the Davidson County Sheriff, and the United States Immigration and Customs Enforcement (“ICE”) does not violate the Metro Charter or other state law. 

In 2009, Metro authorized the Sheriff to enter into an agreement with ICE that allowed designated Sheriff’s officers to perform certain immigration officer duties after being trained and certified by ICE. Those duties included interrogating any person believed to be an alien as to his right to be, or remain, in the United States; processing any removable alien or those aliens who have been arrested for violating a federal, state or local offense for immigration violations; serving arrest warrants for immigration violations; and detaining and transporting arrested aliens subject to removal to ICE-approved detention facilities.

The agreement was challenged by plaintiffs Daniel Renteria-Villegas, David Ernesto Gutierrez-Turcios and Rosa Landaverde in a lawsuit seeking compensatory damages and injunctive relief filed in the United States District Court in Nashville against Metro and ICE. Renteria-Villegas and Gutierrez-Turcios alleged that Sherriff’s officers arrested and wrongfully interrogated and detained them while the officers investigated their immigration status and Landaverde alleged that removal proceedings were instituted against her son after he was processed by Sheriff’s officers pursuant to the agreement. The plaintiffs argued that provisions of the Metro Charter precluded the Sheriff’s office from performing the law enforcement duties in the agreement with ICE because, under the Charter, those duties are solely the responsibility of the Chief of Police. The United States District Court certified a question of law regarding the Sheriff’s authority to enter into the agreement to the Tennessee Supreme Court.

on Thursday, the Tennessee Supreme Court, in a unanimous opinion authored by Justice Sharon G. Lee, answered the certified question by ruling that neither the Charter nor other state law precludes the Sheriff from performing immigration enforcement duties. Metro had the statutory authority to contract with ICE and authorized the actions of the Sheriff. While the Charter designates the Police Chief as the “principal conservator of the peace,” the Charter does not provide that the Chief is the only conservator of the peace for the Metro government and the Sheriff retained some law enforcement functions under the Charter.

To read the Daniel Renteria-Villegas et al. v. Metropolitan Government of Nashville and Davidson County et al. opinion authored by Justice Sharon G. Lee, visit http://www.tncourts.gov/sites/default/files/renteria-villegasdanielopn.pdf   


Many Waldens Ridge Scenes Featured In Stokes Picture Book

A number of early views of Waldens Ridge are among the rarities found in the Stokes Photo Collection. There are many photos of the roads up the mountain showing streetcars, wagons and early autos. There are scenes at Rainbow Lake, Falling Water Falls, Signal Point and other scenic spots. Several photos are included of the Signal Mountain Hotel. The more than 700 photos ... (click for more)

2 Maryville Residents Arrested On Drug And Weapons Charges In Bradley County

Two Maryville, Tn., residents were arrested on several charges on Thursday in Bradley County. The arrests of Melissa Bonzer, 31, and Dareius Clinton, 35, were the result of a traffic stop by members of the Bradley County Sheriff’s Department’s Criminal Investigation Division at the 27-mile marker on I-75.  The vehicle driven by Ms. Bonzer made an improper turn onto ... (click for more)

Chairs Cost How Much?

Many times while growing up, I would go to the store with my parents. More often than not, I would see something I wanted, and ask my parents to buy it for me. More often than not, they said no. “Why?” I asked. “Son, money doesn’t grow on trees.” That’s a phrase I’m sure many of us have heard more than once over the course of our lives. However, I have since learned that they were ... (click for more)

Roy Exum: My Dear Friend Luther

One sunny morning in June years ago, the renowned radio icon Luther Masingill was on his way back to the WDEF studios on South Broad Street when he stopped for a red light and noticed a young couple in a car idling next to his familiar light blue Ford pickup. “What caught my eye was a buck-toothed boy eating a banana in the back seat,” he explained in an aside to that day’s lunchtime ... (click for more)

Notre Dame Claims Region 4A/AA Soccer Title

Junior Sofia Olenchek scored twice, including the winning goal in the second overtime (95th minute) period as host Notre Dame defeated crosstown rival Chattanooga Christian 2-1, for the Region 4 A-AA championship Thursday night. In a well-played, physical match, CCS led at halftime, 1-0,  after senior Hannah Henry scored in the 14th minute, but Olenchek's first goal ... (click for more)

Baylor Beats Briarcrest For Shot At Father Ryan, DII-AA State Volleyball Title

MURFREESBORO, Tenn. – OK, Father Ryan.  Baylor’s still hanging around. The Lady Red Raiders stormed past Briarcrest, 3-1, Thursday in the loser’s bracket final at Siegel Middle School and advanced to Friday’s Division II-AA volleyball tournament championship match. The set scores were 26-24, 25-15, 24-26, 25-15. The Lady Red Raiders lost to Father Ryan, ... (click for more)