A former Tennessee Department of Corrections (TDOC) tactical officer, Javian Griffin, 38, was sentenced Monday to 48 months in prison and three years of supervised release for using excessive force against an inmate and writing a false report to cover it up.
Griffin pleaded guilty to the offense on Oct. 11, 2023. His co-defendant, another former TDOC tactical officer, Sebron Hollands, pleaded guilty on Oct. 2, 2023, to writing a false report.
“The defendant pledged to protect and serve but instead he abused his authority as a corrections officer, violently punching a man in the head and breaking his jaw,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The defendant made matters worse by trying to cover up his tracks with a false report. This sentence sends a clear message that the Justice Department will hold accountable any official inside our jails and prisons who violates an inmate’s civil rights.”
“No correctional officer is above the law,” said U.S. Attorney Kevin G. Ritz for the Western District of Tennessee. “The defendant assaulted an inmate and then tried to cover it up. This office’s National Security and Civil Rights Unit will continue to prioritize the prosecution of public employees who violate the civil rights of others.”
“When correctional officers abuse their authority, it not only violates our civil rights laws, it undermines the criminal justice system,” said Special Agent in Charge Douglas DePodesta of the FBI Memphis Field Office. “The FBI makes it a priority to bring to justice any law enforcement officer who violates the civil rights of those they are sworn to protect.”
According to court documents entered in connection with the guilty plea, Griffin, without justification, punched an inmate in the head, breaking the inmate’s jaw. The inmate did not resist or pose a threat justifying the defendant’s use of force. After the incident, Griffin wrote a false report to cover-up the assault. Griffin’s co-defendant, Hollands, assisted with the cover up by providing false information in his official use of force report to obstruct the investigation of the incident.
The FBI Memphis Field Office investigated the case.
Assistant U.S. Attorney David Pritchard for the Western District of Tennessee and Trial Attorneys Matthew Tannenbaum and Andrew Manns of the Civil Rights Division’s Criminal Section prosecuted the case.
Knoxville, TN (WOKI) The Knoxville Police Department is investigating after a 21-year-old man was found shot over the weekend on Western Avenue.
KPD officials say officers responded to the 3900 block of Western Avenue around 2:30 a.m. Saturday to find a man who reportedly said he was driving and had crashed into another car, then left the scene. He also told police that the other car followed him and shot at him.
KPD says the man also did not cooperate with their investigation, not giving any information to identify the suspect.
The Knoxville Diocese says that Pope Francis has appointed 61-year-old Father James Mark Beckman as the next Bishop of the Diocese of Knoxville.
Bishop-elect Beckman has been a priest of the Diocese of Nashville for more than 30 years and is a Tennessee native born in Lawrenceburg.
Beckman will be the fourth Bishop of the Diocese of Knoxville following Bishop Richard Stika who resigned in June of last year after an alleged sex abuse coverup and alleged mishandling of sexual abuse allegations.
Updated story: Tonka, the last elephant at Zoo Knoxville, has been euthanized after being placed on hospice care because of declining health and an injury to his left front leg.
Officials with Zoo Knoxville say that the injury worsened, causing pain and discomfort, leading to the decision to humanely put Tonka down yesterday afternoon (Wednesday).
Tonka was 46 years old and weighed 15,000 pounds, making him one of the largest and the oldest African elephants in North America. The zoo had been planning on sending him to a sanctuary in Middle Tennessee.
Original Story: Bad news from Zoo Knoxville, 46 year-old Tonka the elephant is being placed under Hospice care.
The zoos veterinary team has recently been managing some chronic conditions that are common in older elephants and last week they noticed some pain and swelling in his front leg and after giving him medicine and other treatments they determined it was best to put him into Hospice care and make him as comfortable as possible.
Tonka is the largest African bull elephant in the U.S. Tonka was originally supposed to go to the elephant sanctuary in Holenwald in Middle Tennessee to join the other two Zoo Knoxville elephants but he can’t make the trip there anymore. He’ll be in the zoo’s barn for now away from the public.
Rep. Tim Burchett is seeking to dismiss a Kansas man’s defamation lawsuit stemming from a February shooting in Kansas City following the Chief’s Super Bowl victory.
The lawsuit says Loudermill attended the parade and was told by police in the moments after the shooting he was moving “too slow” when he tried to go under police tape to leave the area.
He was then handcuffed and sat on a curb for about 10 minutes before being unhandcuffed and told by police he was “free to go,” the lawsuit says.
The lawsuit further says Burchett removed the post referring to Loudermill as an “illegal alien,” but he made another post with the image that misidentified him as “one of the shooters.”
Burchett has now submitted a motion to dismiss the lawsuit, arguing the federal court in Kansas does not have jurisdiction.
In the motion, it is argued that Burchett didn’t know Loudermill or that he was a resident of the State of Kansas.
“Mr. Burchett’s reposting of an image of [Loudermill] already seen by millions of people did not place [Loudermill] in a false light and certainly does not establish jurisdiction. Neither Mr. Burchett’s February 15th post nor his retraction made on the 19th of February were directed at the State of Kansas in any way. Further, those posts were not intended or expected to cause injury in Kansas,” the motion says.
The motion continues by saying Burchett “did not engage in any intentional act which was ‘expressly aimed’ at the State of Kansas with ‘knowledge that the brunt of the injury would be felt there.”
According to the motion, the venue is not appropriate in the United States District Court for the District of Kansas because it occurred outside of the state.
Loudermill is asking for $75,000 in damages for acts considered “willful, wanton, reckless and malicious,” according to the lawsuit.
Below is the full motion:
IN THE UNITED STATES DISTRICT COURT FOR THEDISTRICT OF KANSAS
DENTON E. LOUDERMILL, JR.,
Plaintiff
, v. TIMOTHY F. BURCHETT,
Defendant
.Case No. 2:24-cv-02109-JWB-ADM
DEFENDANT’S MOTION TO DISMISS FOR LACK OFPERSONAL JURISDICTION AND IMPROPER VENUE
Defendant Timothy F. Burchett, by and through counsel, pursuant F.R.C.P. 12(b)(2) and12(b)(3), hereby submits his Motion to Dismiss Plaintiff’s Complaint for Lack of Personal Jurisdiction and Improper Venue and states the following:1. Plaintiff Denton Loudermill was in attendance at the Kansas City Chiefs’Superbowl Victory Parade, when a mass shooting took place, injuring more than twenty childrenand adults and causing the death of a well-known local radio host, resulting in both chaos and amedia frenzy as the nation focused its attention on this emergent matter of public concern. Compl. ¶ 2. Kansas City, Missouri Police Officers ran to the area and began clearing people from the crimescene, taping the area off. Compl. ¶ 14. Plaintiff found himself in close proximity to where theshooting occurred. Compl. ¶¶ 11-13. While there, Plaintiff admittedly interacted with lawenforcement officers. That interaction resulted in Plaintiff being detained and placed in handcuffs, where he was seated on a curb for roughly ten minutes as he remained in police custody. Compl. ¶¶ 15-16. Unfortunately for Plaintiff, onlookers and media outlets began taking pictures and videorecordings of Plaintiff, which images immediately went viral showing up on social media platforms
Case 2:24-cv-02109-JWB-BGS Document 5 Filed 05/01/24 Page 1 of 4
as well as most, if not all, major news media outlets
1
, as news coverage linked Plaintiff to theshooting. Compl. ¶ 17;
see also
FN 1
.
2. Despite the fact the images and recordings of Plaintiff handcuffed in police custodyhad already been shared across the nation and even internationally, Plaintiff brings a single claimagainst Mr. Burchett, alleging Mr. Burchett placed Plaintiff in a false light when the next day herecirculated Plaintiff’s photograph, making a post on X, formerly known as Twitter, about theshooting. Compl. ¶ 20.3. At the time Mr. Burchett made the February 15, 2024 post, he was located in theDistrict of Columbia. The repost was intended to target a nationwide audience regarding the issueof illegal immigration and violence plaguing our nation’s communities. Moreover, Mr. Burchettdid not know the name of the individual photographed, now identified as Plaintiff DentonLoudermill. He also did not know that the individual was a resident of the State of Kansas.4. Mr. Burchett’s reposting of an image of Plaintiff already seen by millions of peopledid not place Plaintiff in a false light and certainly does not establish jurisdiction. Neither Mr.Burchett’s February 15
th
post nor his retraction made on the 19
th
of February were directed at theState of Kansas in any way. Further, those posts were not intended or expected to cause injury inKansas.5. Mr. Burchett simply did not engage in any intentional act which was “expresslyaimed” at the State of Kansas with “knowledge that the brunt of the injury would be felt” there.
Case 2:24-cv-02109-JWB-BGS Document 5 Filed 05/01/24 Page 2 of 4
6. For these reasons, this Court lacks specific personal jurisdiction over Mr. Burchettbecause: he did not “purposefully direct” his activities at the State of Kansas; and because Plaintiffhas failed to show Plaintiff’s alleged injuries “arise out of” Mr. Burchett’s forum-related activities.7. Furthermore, this Court does not have general personal jurisdiction over Mr.Burchett because he is a resident and citizen of the State of Tennessee, and he has no contacts with the State of Kansas.8. Finally, because the events which allegedly gave rise to Plaintiff’s claim (theposting of the alleged inflammatory material) occurred outside the State of Kansas, venue is notappropriate in the United States District Court for the District of Kansas under 28 U.S.C. §1391(b)(2).In support of his Motion, Mr. Burchett is concurrently filing a memorandum of law settingforth the grounds for his Motion. WHEREFORE, Defendant Timothy F. Burchett respectfully requests that this Courtgrant his Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, dismissingPlaintiff’s lawsuit in its entirety, as well as such other and further relief as this Court deems justand proper.Respectfully submitted,
BAKER, STERCHI, COWDEN & RICE, LLC
/s/
James
S.
Kreamer
James Scott Kreamer #14374 Jacqueline M. Longfellow #198782400 Pershing Road, Suite 500Kansas City, Missouri 64108Phone: (816) 471-2121; Facsimile: (816) 472-0288Email:[email protected]Email:[email protected]
ATTORNEYS FOR DEFENDANT
Case 2:24-cv-02109-JWB-BGS Document 5 Filed 05/01/24 Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was filed with theClerk of the Court using the CM/ECF system on this 1
st
day of May 2024, which will send accessto a service copy to all counsel of record.
Knoxville, TN (WOKI) After a months-long investigation, a Knoxville man is indicted on murder charges in connection to a deadly East Knoxville shooting last fall.
Knoxville Police Department officials announcing that 33-year-old Thomas Solomon has been indicted by a Knox County Grand Jury for second-degree murder, among other charges, in connection to the murder of 47-year-old Trista Denton in October 2023.
Denton was identified as the victim of the deadly shooting at Ben Hur Avenue and Martin Luther King Jr. Avenue on October 9, 2023.
Solomon is scheduled to appear in court on May 24, 2024.
Knoxville, TN (WOKI) Knox County Mayor Glenn Jacobs Monday unveiled his proposed spending plan for the upcoming fiscal year.
The budget fully funds the school system’s request, covers upgrades in the Sheriff’s Office, and improves roads and parks and does not call for a property tax increase.
Mayor Jacobs says we have not raised taxes in Knox County in almost 25 years, and he does not intend to do so now.
“All of us must live within our means and that includes government. I said a long time ago, I would never raise your property taxes and I meant it” said Mayor Jacobs after his budget address and State of the County speech.
The total proposed budget, which must be approved by the Knox County Board of Commissioners by June 30, stands at a little more than $1.1 billion and is roughly 3 percent higher than the current year, but nearly two-thirds of the spending – about $683.7 million – is dedicated to funding Knox County’s public schools.
“That is almost $23 million dollars more than their current budget, and I am recommending that we fund the request in its entirety,” Mayor Jacobs said.
That means starting teachers with a bachelor’s degree will make $47,000 dollars a year and the starting pay for those with a master’s degree will be almost $51,000 dollars. And, by 2026, all our starting teachers will meet state requirements by earning at least $50,000 dollars annually.
The county is expected to hold a public hearing on the proposal on May 13 at 3:30 p.m.
Knoxville, TN (WOKI) An investigation is underway following a North Knoxville house fire Monday morning.
Knoxville Fire Department crews responding around 11:30 to a report of a house fire in the 2000 block of Cedar Lane found smoke coming from the front of the home.
KFD officials say crews were met with a very heavy amount of stockpiled items throughout the home requiring them to cut two large openings in the front and side of the structure to better access the fire.
Crews also reportedly had to cut a hole in the home’s roof to access the attic.
KFD says one man lived in the home but was able to get out without injuries. They add that the home did not have working smoke alarms.