TN: Civil investigative demand in deceptive trade practices case was reasonable

The Attorney General’s request for information (a subpoena) in a deceptive trade practices case was reasonable in scope and reasonably related to the AG’s authority under the statute. In re Investigation of Wall & Assocs., 2021 Tenn. App. LEXIS 449 (Nov. 12, 2021).

“Addressing the claims against the individual officers, the panel held that the amended complaint failed to allege facts that would demonstrate either objective unreasonableness or objective deliberate indifference by either officer. Considering all the facts in the amended complaint and the incorporated video, the panel could not say that it was objectively unreasonable—much less an instance of objective deliberate indifference akin to reckless disregard—for the officers to conclude that paramedics were not needed at the traffic stop. The panel further concluded that the alleged violative nature of the officers’ conduct, in failing to recognize and respond to Jenkins’ serious medical need, was not clearly established in the specific context of this case. Defendants were therefore also entitled to qualified immunity under the second prong of the qualified immunity test.” J.K.J. v. City of San Diego, 2021 U.S. App. LEXIS 33778 (9th Cir. Nov. 15, 2021).*

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