Davis v. Davis

2 Citing briefs

  1. Sherley et al v. Sebelius et al

    Memorandum in opposition to re MOTION for Preliminary Injunction

    Filed September 14, 2009

    111L, § 4 (West Supp. 2008); Mich. Const. art. 1, § 27(2)(b); Mo. Const. art. 3, § 38(d); N.J. Stat. Ann. § 26:2Z-2; see also, e.g., Cahill v. Cahill, 757 So.2d 465, 468 (Ala. Civ. App. 2000); In re Marriage of Witten, 672 N.W.2d 768, 783 (Iowa 2003); Kass v. Kass, 696 N.E.2d 174, 180 (N.Y. 1998); In re Marriage of Dahl, 194 P.3d 834, 839 (Or. Ct. App. 2008), review denied, 204 P.3d 95 (Or. 2009); Davis v. Davis, 842 S.W.2d 588, 602-03 (Tenn. 1992); Roman v. Roman, 193 S.W.3d 40, 50 (Tex. App. 2006), cert. denied, 128 S. Ct. 1662 (2008); Litowitz v. Litowitz, 48 P.3d 261, 271 (Wash. 2002).

  2. Villegas v. Metropolitan Government of Davidson County/Nashville -- Davidson County Sheriff's Office et al

    MEMORANDUM in Support of 84 MOTION for Summary Judgment Partial

    Filed October 22, 2010

    Finally, the Tennessee Constitution’s right to privacy (evidenced in Article 1, Sections 3, 7, 8, 19 and 27) has been held to be broader than that found in the U.S. Constitution. See Cutshall v. Sundquist, 980 F. Supp. 928, 932-33 (M.D. Tenn. 1997); Campbell v. Sundquist, 926 S.W.2d 250, 261 (Tenn. Ct. App. 1996); see also Davis v. Davis, 842 S.W.2d 588, 600 (Tenn. 1992) (the right to procreational autonomy) It is undisputed that Ms. Villegas was shackled as a pre-trial detainee while she was in the custody of Metro, that Ms. Villegas was shackled during her transport to the hospital, that Ms. Villegas was shackled during labor, and that she was shackled shortly after giving birth during her post-partum recovery period. It is undisputed that the shackles were not removed and were reapplied even after Ms. Villegas’ physician signed a No Restraint Order, after the nurses pleaded on numerous occasions for the restraints to be removed for medical reasons, and after Ms. Villegas’ obvious medical needs related to giving birth and avoiding blood clots arose.