Category: Cases

<Case Information>

CRIMINAL CASE #: 2:23-cr-20191-MSN All Defendants

Court: U.S. District Court Western District of Tennessee (Memphis)

Judge: Mark S. Norris

Date Filed: 09/12/2023

The motion to change venue and for alternative relief by Demetrius Haley was filed on January 18, 2024.

The motion dismiss Counts 1 and 2 for Vagueness and Insufficiency by Emmitt Martin, III. (Johnson, Stephen) was filed on February 7, 2024.

The total of 217 documents were filed until March 6, 2024.

<Counts>

18 U.S. Code § 242
18 U.S. Code § 1512(b)(3)
18 U.S. Code § 1512(k)

[Links about the law]

18 U.S. Code § 242 – Deprivation of rights under color of law

18 U.S. Code § 1512 – Tampering with a witness, victim, or an informant
18 U.S. Code § 1512(b)(3)
18 U.S. Code § 1512(k)

18 U.S. Code § 2 – Principals

[Count 1]
Deprivation of Rights Under Color of Law: Excessive Force and Failure to Intervene

[Count 2]
Deprivation of Rights Under Color of Law: Deliverate Indifference

[Count 3]
Conspiracy to Witness-Tamper

[Count 4]
Obstruction of Justice: Witness-Tampering

Written by Mr. Hwang

The Memphis Times
www.memphistimes.org

MemphisTV
www.memphistv.org

AmericanTV
www.americantv.org

Published: March 7, 2024

[Reference]

Statutes Enforced by the Criminal Section (civil rights division, U.S. DOJ)

The Times tried to check the current or latest status of Mr. Tyre Nichols’ case in the federal court on March 6, 2024. (The State case is different from this Federal case.)

The civil complaint was filed on April 19, 2023. And until today on March 6, 2024, the total of 161 documents were filed in the docket of the court.

This is a civil action. The jury trial has been set on January 27, 2025, Monday, at 09:30 AM in Courtroom 4, in Memphis, Tennessee before Judge Mark S. Norris according to the court docket.

The City of Memphis and Memphis police chief, Ms. Cerelyn Davis filed the motion to dismiss on July 7, 2023, while arguing in the memorandum in support of the motion, “The primary question that this suit presents, however, is whether the City should be civilly liable for Mr. Nichols’s death under 42 U.S.C. § 1983” and “Although this situation is tragic, the answer is no.” (from the page 2 of the memorandum.)

Plaintiff filed, on August 14, 2023, the “PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS.”

And the City of Memphis and Chief Cerelyn Davis filed, on August 14, 2023, “REPLY IN SUPPORT OF MOTION TO DISMISS OF THE CITY OF MEMPHIS, CHIEF CERELYN DAVIS……”

Defendant Haley filed his initial disclosures on October 17, 2023.

By the way, the federal criminal trial is scheduled for September 9, 2024.

And defendent Desmond Mills, Jr.’s plea agreement in the Federal Criminal proceedings has been accepted.

These are the basic information of the case as below.

Court:
U.S. District Court Western District of Tennessee (Memphis)

Case Number:
2:23-cv-02224-MSN-atc

Plaintiff v. Defendants:
Wells v. CITY OF MEMPHIS et al

Judges:
Mark S. Norris, presiding
Annie T. Christoff, referral

Date filed: 04/19/2023
Date of last filing: 03/01/2024

Cause: 28:1331 Federal Question: Other Civil Rights

Plaintiff:
RowVaughn Wells
(Individually and as Administratrix Ad Litem of the Estate of Tyre Deandre Nichols, deceased.)

represented by:

Antonio Romanucci (ROMANUCCI & BLANDIN, LLC)

Bhavani Raveendran (ROMANUCCI & BLANDIN, LLC)

Brooke Cluse (BEN CRUMP LAW, PLLC)

Bryce Thomas Hensley (STINAR GOULD GRIECO & HENSLEY, PLLC IL) (TERMINATED: 01/25/2024)

Sarah M. Raisch (ROMANUCCI & BLANDIN, LLC)

David Louis Mendelson , I (MENDELSON LAW FIRM)


Defendant:

CITY OF MEMPHIS (a municipality)

represented by:

Bruce McMullen (BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C.)

Freeman B. Foster (BAKER DONELSON)

Jennie Vee Silk (BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC)

Defendant:
Chief Cerelyn Davis (in her official capacity)

represented by:

Bruce McMullen

Freeman B. Foster

Jennie Vee Silk


Defendant:

Emmitt Martin, III

represented by:

Florence M. Johnson (JOHNSON AND JOHNSON, PLLC)


Defendant:

Officer Demetrius Haley (in his individual capacity)

represented by:

Stephen R. Leffler (LAW OFFICE OF STEPHEN R. LEFFLER, P.C.)

Defendant:

Justin Smith (in his individual capacity)

represented by:

Martin W. Zummach (SPARKMAN ZUMMACH, P.C.)


Defendant:

Desmond Mills, Jr. (in his individual capacity)

represented by:

Clyde W. Keenan (KEENAN LAW & CONSULTING)

Defendant:

Tadarrius Bean (in his individual capacity)

represented by:

John Keith Perry , Jr. (PERRY GRIFFIN, PC)


Defendant:

Preston Hemphill (in his individual capacity)

represented by:

Deborah E. Godwin (GODWIN MORRIS LAURENZI & BLOOMFIELD, P.C.)

Mary Elizabeth McKinney (GODWIN MORRIS LAURENZI & BLOOMFIELD, P.C.)

Defendant:

Robert Long (in his individual capacity)

represented by:

Darrell J. O’Neal (LAW OFFICE OF DARRELL J. O’NEAL)

Defendant:

JaMichael Sandridge (in his individual capacity)

represented by:

Laura Elizabeth Smittick (SMITTICK LAW FIRM)

Defendant:

Michelle Whitaker (in her individual capacity)

represented by:

Robert L. J. Spence , Jr (ROBERT L. J. SPENCE, JR.)

Andrew Mark Horvath (MORGAN & MORGAN – MEMPHIS, LLC) (TERMINATED: 11/15/2023)

Jarrett Michael Dean Spence (SPENCE PARTNERS)

Defendant:

DeWayne Smith (in his individual capacity and as an agent of the City of Memphis)

represented by:

Deborah E. Godwin

Mary Elizabeth McKinney


Written by Mr. Hwang

MemphisTV
www.memphistv.org

The Memphis Times
www.memphistimes.org

AmericanTV
www.americantv.org

Published: March 6, 2024, Wednesday, at 12:43AM.