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

Thursday, October 4, 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   



Copies Of Remaining Chattanooga Photo Books Available At Zarzour's Restaurant

Remaining copies of the Chattanooga Photo books are available at Zarzours Restaurant on Rossville Avenue off Main Street. It is near Fire Hall #1. They include the Remarkable Stokes Collection, Railroads In and Around Chattanooga, and Paul Hiener's Historic Chattanooga.  All were published by Chattanoogan.com and printed by College Press at Collegedale. The more than ... (click for more)

Woman's Body Found Near Ooltewah Intersection Identified As Tiffany Flerl, 21

A woman's body was found near an intersection in Ooltewah on Wednesday morning. She was identified as Tiffany Paige Flerl, 21. Chattanooga Police said her body was located near the intersection of Old Cleveland Pike and Old Lee Highway just after 10 a.m. She did not appear to have any visible signs of trauma. Her body was sent to the Hamilton County Medical Examiner's ... (click for more)

Shame On Anyone Planning A Protest At Coolidge Park Thursday Evening - And Response

Whether you're Alt-Left or Alt-Right, Coolidge Park isn't the place to showcase your hate and indifference with one another. Just because it's your right, that doesn't necessarily mean that you should do it. Many have this misconception that this park is named after a President, Nope. It's named after a great man, a true patriot, and Medal of Honor recipient from right ... (click for more)

A Tale Of 3 Properties

Here in Lookout Valley on the far southwest edge of Chattanooga and Hamilton County, trees and rocks are plentiful but sidewalks are as rare as unicorns. It’s a land the governments forget – until tax collection time.  The recent county reappraisal spoke about ‘comps,’ recent sale prices of comparable local properties. But the assessors defined ‘comparable’ to suit themselves, ... (click for more)

Lookouts' Nick Gordon Reveals His Mature Baseball Savvy In Interview

Nick Gordon has already hit more home runs this season than he had in his first three years combined. Although last Monday in Birmingham the home run he probably wanted most proved elusive, it didn't dampen what was arguably the best overall game in his professional career. Gordon matched his career high with five hits and fell a homer shy of the cycle as the Lookouts ... (click for more)

Lookouts Open Series At Smokies Wednesday With 6-3 Win

KODAK, Tenn. -- Andy Wilkins hit a run-scoring single in the fifth inning, leading the Chattanooga Lookouts to a 6-3 win over the Tennessee Smokies on Wednesday. Chattanooga right-hander Zack Littell (3-0) picked up a quality start and the win after allowing one run on five hits over six innings. The single by Wilkins started the scoring in a three-run inning and gave the ... (click for more)