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A Wilson County, Tennessee, woman is facing a lawsuit after she posted a negative review on Yelp about a middle Tennessee doctor in November. Kelly Beavers is accused of defamation and libel, and false light for a post she made about Dr. Kaveer Nandigam of Nandigam Neurology in Murfreesboro. Her Yelp review, which remained on the website three weeks after she originally posted it, said, "This "Dr's" behavior today was totally unprofessional and unethical to put it mildly. I will be reporting him to the State of TN Medical Review Board and be filing a formal complaint. How this guy is in business is beyond me. Since when did they start allowing Doctors, to throw a complete temper tantrum in front of Patients and slam things when they get upset? He does not belong in the medical field at all." On November 27, the attorney for Nandigam Neurology filed a ,000 lawsuit against Beavers and her friend's son who posted a negative review on Google as well and has since been accused of conspiracy. Beavers said he wrote the review after he overheard her conversation. The lawsuit said the review "contained false, disparaging, and misleading statements." The lawsuit also suggested that the second defendant "was specifically recruited" by Beavers to post false and misleading statements. The plaintiff is also demanding Beavers to remove the post and for the court to issue an injunction to prohibit any further statements against Nandigam Neurology. As of this week, Nandigram Neurology only has Beavers' review and another post that gave the business five stars. Meanwhile, the company has 4.3 out 5 stars from the 21 reviews on Google. "Just in shock, I can't believe it," Beavers said. "They just don't want any negative reviews and they don't want people to talk about or give a bad review." Beavers said she has no regrets leaving the review on Yelp despite the legal action against her. She claimed she posted the review after what she called a disrespectful and shocking experience. After being referred to Nandigam Neurology, Beavers brought her 67-year-old father for dizziness and memory loss, which may have been early signs of dementia. There have been prior interactions with the staff but never with the doctor until the last visit. Beavers says the interaction seemed fine at first, but that said the doctor then threw a temper tantrum and slammed his clipboard when he realized she was recording the appointment on her cell phone, which is something she has done with other doctor visits. "Sometimes we all have things we forget, so that's why I record every doctor's visit. I want to make sure that I'm doing everything right," she explained. "He literally snapped and demanded my phone." Since Tennessee is a one-party consent state, she could record on her phone without the need for permission. Nevertheless, she claims she deleted the recording after he demanded her to. Later that day, an office employee called her to get her version of the story and deemed it was likely a miscommunication. The employee said phones were not allowed in the office, and the situation could have been mitigated if there was a prior notice to record. Beavers believed she should have been taken aside to address any concerns. Ken Paulson of the Free Speech Center, a nonpartisan educational institution that teaches how the First Amendment works in society, said there always needs to be a conscious effort to differentiate between stating an opinion or fact on platforms like Yelp. Words like unethical, dishonest or lying have the potential to damage a reputation or business if believed widely. "Don't state things you cannot back up. It's okay to say you didn't like this pizza or the anchovies were terrible because that's opinion, but you can't say they can't make this pizza without washing their hands. It's a difference in expressing an opinion and damaging a business or person," Paulson said. In reality, lawsuits like what Beavers is facing could be disputed in court and avoid the judicial process under the newly enacted Tennessee Public Participation Act otherwise known as an Anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation. The act hopes to prevent filing lawsuits as a form of intimidation and protect First Amendment rights, and has slowed down what was a common type of lawsuit in the past. "It allows you when you're sued to go to a judge and say, 'This is nonsense, they're just angry, I didn't cause any damage, will you dismiss this?'" Paulson explained. "They have to prove in the long run that you damaged them and spoke untruths." A judge is there to weed out cases that have no merit but if it is not dismissed, will still have to go through the judicial process. Speech Defense and Anti-SLAPP Lawyer Daniel Horwitz expressed his approval for the legislation when it was passed. He said an overwhelming majority of defamation and other speech-based lawsuits are not filed because a person has suffered an actual legal injury. Horwitz claims the purpose is to punish people for lawfully exercising their right to speak freely about a topic that the suing plaintiff wants to censor. “Tennessee’s new anti-SLAPP statute was specifically designed to punish abusive litigants who file baseless claims against people for exercising their First Amendment rights. The Yelp review is not even conceivably tortious, and the defendants should not give in to a bogus lawsuit like this one. Instead, they should fight back, get the plaintiff sanctioned, and make the plaintiff pay their attorney’s fees under the newly enacted Tennessee Public Participation Act," Horwitz said in a statement to NewsChannel 5.Beavers said she plans to a hire a lawyer and fight the lawsuit. Meanwhile, a request for comment for Nandigam Neurology has been left. 5817

Kyle Rittenhouse's attorney has filed a motion to dismiss two charges late Tuesday.According to court records, they seek to dismiss Possession of a Dangerous Weapon by a Person Under 18, and First Degree Recklessly Endangering Safety, Use of a Dangerous Weapon.Rittenhouse is facing a total of six charges, including two counts of 1st-Degree Reckless Homicide after prosecutors say he shot and killed two people and wounded a third during protests in Kenosha.Attorney Mark Richards argues in Tuesday's filing that possession of a dangerous weapon by a person under 18 should be dismissed because "the complaint [filed against Rittenhouse] fails to allege facts which could allow a reasonable person to conclude that a crime was committed."In regard to first-degree recklessly endangering safety, Richards writes that "no reasonable person could find that this crime was ever committed. Thus, the criminal complaint is defective and Count 2 should be dismissed." FILE - In this Tuesday, Aug. 25, 2020, file photo, Kyle Rittenhouse carries a weapon as he walks along Sheridan Road in Kenosha, Wis., during a night of unrest following the weekend police shooting of Jacob Blake. Rittenhouse's defense team has called him a member of a militia. Rittenhouse is accused of killing two people and seriously wounding a third.(Adam Rogan/The Journal Times via AP, File) The motion comes a day before Rittenhouse is set to attend his pretrial hearing in Kenosha County Court, on Dec. 3 at 10:30 a.m.Prosecutors allege Rittenhouse shot and killed Anthony M. Huber and Joseph Rosenbaum, and wounded Gaige Grosskreutz during protests in Kenosha on Aug. 25.Supporters of the Black Lives Matter movement paint Rittenhouse as a white supremacist and militia member. Rittenhouse and his attorneys argue that he acted in self-defense, an argument that has become a rallying cry for some on the right.If convicted, Rittenhouse could spend life behind bars.This article was written by Jackson Danbeck for WTMJ. 2040

DENVER, Colo. – Amanda Dufresne Lee is a sexual assault survivor. “I was on my daily run training for my first half marathon when I was attacked, beaten and attacked by a stranger,” Dufresne Lee said. It happened in August of 2003. She was a college student in Waco, Texas. While she was running, something hit her head from behind and she fell to the ground. “Then I turned to put my hand up thinking someone would help me up,” said Dufresne Lee. “And instead he picked me up by my throat.” Nearly two decades later, her memory of the traumatic experience unfortunately hasn’t faded. “I narrowly escaped with my life by rolling myself over a small cliff and running half-clothed to safety,” Dufresne Lee said. “I like to say that was the easy part, and everything following that was an absolute nightmare.” Dufresne Lee had PTSD so severe she became an insomniac, and it took her years to feel safe again. “I struggled to go to parking lots, because I felt like strangers were going to attack me,” Dufresne Lee said. However, she says there is part of her story she looks back on in a positive way. “I had two incredible nurses who were empathetic and warm and kind and patient who were there for me in absence of family or friends,” she said. Following her assault, Dufresne Lee was treated by a specific type of forensic nurse, known as a Sexual Assault Nurse Examiner – SANE for short. “A lot of people don’t know what they’re allowed to receive, what they can receive, what they can ask for. That’s the best part about being a SANE nurse is giving my patients that choice and that right back. And letting them know what is available to them,” UCHealth SANE nurse Tammy Scarlett said. Tammy Scarlett has been a Sexual Assault Nurse Examiner for nearly five years. She currently works at UCHealth Memorial Hospital in Colorado Springs, Colorado. She says she treats both men and women of all ages, but a majority of her patients are adult women. The exam varies depending on each situation. First, they address any medical concerns, and then they go through a history of what happened. Following that, the lengthy and intimate exam starts. “That’s where we check out any genitalia making sure there’s no injury. We can collect evidence, and we can do photo documentation as well,” Scarlett said. Dufresne Lee says the exam took even longer for her because her body kept going into shock, and she’d start violently shaking all over. "It’s incredibly invasive. Many women – myself included – describe it as being re-traumatized because they are combing through everything looking for evidence,” Dufresne Lee said. However, that evidence is necessary to find the offender and get justice. SANE nurses are able to provide one-on-one care. And that’s why Jennifer Pierce-Weeks – the Chief Executive Officer of the 2826

Polk County Sheriff Grady Judd on Wednesday announced the arrests of three suspects in connection to a group of friends murdered during a fishing trip in Florida on Friday. Damion Tillman, 23, Keven Springfield, 30, and Brandon Rollins, 27, were all killed while fishing in unincorporated Frostproof on July 17. The sheriff's office arrested Tony "TJ" Wiggins, 26, his girlfriend Mary Whittemore, 27, and Tony's brother William "Robert" Wiggins, 21, in relation to the murders. Judd described Tony as "pure evil in the flesh" and said he has 230 previous felony charges. According to a press release, the sheriff's office found a Dollar General bag at the crime scene with a receipt from that day of the crime. Detectives went to the store and reviewed surveillance footage. The release says one of the victims, Damion Tillman, was seen in the video along with all of the suspects. According to the release, the cashier said Tillman was a regular at the store and mentioned that he was going fishing that night. The clerk told detectives the suspects heard Tillman say he was going fishing and that "Keven" would be there with him. Keven Springfield, 30, was another of the victims. The clerk heard the suspects talk about what they heard among themselves, the release says. Detectives said they also received tips that one of the suspects might be Tony Wiggins. On Monday, the sheriff's office served a search warrant on a piece of land in Lake Wales where the suspects were living. Tony and Whittemore lived in one travel trailer on the property and William lived in another trailer on the same property. During the search, detectives found two SKS rifles, two Mossberg shotguns and ammunition for both in a gun safe belonging to Tony. Tony was arrested for possession of a firearm by a convicted felon and possession of ammunition by a convicted felon. Detectives also found ammunition during the search and compared it to shell casings from the crime scene. The ammo was sent to the FDLE and testing showed that it was the same as that fired from a Smith & Wesson handgun the night of the murders, according to a press release. Detectives say Whittemore bought the ammo found at the scene for Tony in Lake Wales on July 9. According to the release, the two are seen in surveillance video from the store and detectives found a receipt that confirmed the purchase. When all three suspects were interviewed, detectives say their stories contradicted each other. Whittemore admitted to buying the ammo and being with the brothers the night of the murder but didn't make any additional statements, according to authorities. When William Wiggins was interviewed again, detectives said he admitted to seeing Tillman, one of the victims, in the store. William told detectives when they left the store, his brother Tony directed him to turn onto a specific road instead of going home. According to authorities, while on the road two trucks that were occupied by the three victims passed the brothers. Tony told his brother to make a U-turn and follow them, according to authorities. William told detectives they followed the trucks to the crime scene area and that he stayed in the truck while his brother Tony got out and confronted Keven Springfield. According to a press release, Tony punched Springfield and accused him of stealing his truck. The release says the other two victims, Brandon Rollins and Damion Tillman, got out of their truck and Tony continued to yell at all of them. William told detectives he watched as his brother Tony shot all three victims, according to the sheriff's office. Judd said during a press conference on Wednesday that Tony shot the victims several times, the exact number is still being investigated. Sheriff Grady provides triple murder update | Press Conference Tony and his brother then picked up Tillman and threw him into the back of one of the trucks. After the murders, Judd said the three suspects drove to McDonald's and ordered 10 double cheeseburgers, and two McChicken sandwiches. They then went home and the next day William took his truck to a car wash to clean clay from it. The sheriff's office said on Saturday that one of the victims, Rollins, called his dad for help from the scene. When his dad got there, he found his son barely alive. Sheriff Judd said the victim's dad drove to a close-by gas station to call 911. Deputies responded and found all three victims dead. "This is a horrific scene, I've been to a lot of murder scenes in my life and this ranks among the worst I've been to," Judd said on Saturday. The three suspects are facing the following charges. Tony Wiggins First degree murder (Capital felony)Tampering with evidence (F-3)Possession of a firearm by a convicted felon (F-2)Possession of ammunition by a convicted felon (F-2)William Wiggins Tampering with evidence (F-3)Accessory after the fact of capital felony (F1)Mary WhittemoreAccessory after the fact of capital felony (F1)All three suspects have first appearance hearings at 1 p.m. on Thursday, July 23. WFTS' Emily McCain first reported this story. 5166

DENVER – The man who was detained after driving his car through a crowd of protesters rallying for Breonna Taylor says he had no intention of hurting anybody and was only defending himself after his vehicle was surrounded by demonstrators outside the Colorado State Capitol building in Denver Wednesday night.“I was driving to go pick up a client and I saw a commotion, I saw police lights at 14th and Lincoln and so when I was there, at the Capitol, I wasn’t really looking left, I was looking right to see the accident and by the time I turned, I started getting surrounded by people,” said Jonathan Benson, who claimed demonstrators yelled, kicked and even used a hammer on his windshield as they tried to get him to leave the area.Video from AIRTRACKER7, as well as from reporters on the ground, showed the small crowd of protesters surrounding Benson’s vehicle and blocking his way. The driver, who was going north on Lincoln Street, had slowed down as he reached the protesters in the area, eventually pulling up and parking his vehicle in front of the Capitol building. Here is when the driver first pulled up to the protesters tonight in Denver, you can hear people urging him to turn around. During the next few minutes, I saw the driver shaking his head in apparent disbelief and using his cell phone, perhaps to take pictures. pic.twitter.com/TSAzfipida— Shelly Bradbury (@ShellyBradbury) September 24, 2020 Benson said he didn’t know at that moment if one of the protesters was trying to get into his vehicle, adding the whole situation was “just chaos.”“What we can see from the video is that the individual in that car began to be threatened,” said Denver Police Department Division Chief Ron Thomas. “I think that the vehicle was being kicked and then that individual kind of worked their way out of that situation.”The back-and-forth lasted for several minutes and, at times, protesters could be seen from AIRTRACKER7 banging on the hood of the car and using at least one bicycle to create a barrier between them and the vehicle before the driver accelerated and drove his vehicle through the small crowd. Car hit a protester pic.twitter.com/dtETwNoHPT— Shelly Bradbury (@ShellyBradbury) September 24, 2020 “I had the intent to defend myself, that’s it,” Benson said. “I had no intention of hurting anybody and I’m glad it was a bike that I ran over because I thought I ran somebody over, so I was glad that nobody got hurt.”For Apryl Alexander, an associate professor with the University of Denver, Benson had other options that would have prevented the incident from ever taking place.“It shouldn’t be a free for all. There were other cars trying to drive that day and they stopped. There are people with signs, there are people honking in support and so why would a person want to try to drive through?” she said.Benson was detained seconds later by police about a block away from where the incident occurred and was released after providing officers with a statement and his contact information.Thomas said no charges have been filed against Benson as police are still investigating exactly how the events unfolded, but he did give drivers some advice should they end up in a similar situation.“In the event someone is blocking you or you are surrounded by people, our advice is to stay in the car, lock your doors, do not engage with demonstrators,” Thomas said, adding drivers should back away, or turn around. If that’s not possible, they should call 911.While no arrests in connection to that incident have taken place, Denver Police Department spokesman Doug Schepman said three people were arrested following the protest: Allan Cutler, 52, was arrested for obstruction of a street. Joseph Miller, 33, and Coy Jones, 27, were both being held for investigation of prohibited large capacity magazines.During a virtual news conference on the city’s response to COVID-19 earlier Thursday, Denver Mayor Michael Hancock was asked about the incident from the night before and what drivers should do if they encounter protesters.“I don’t know what you recommend to people but if you get a sense something is going on, avoid it,” Hancock said, adding that admonishment “goes both ways.”“We have to make allowances for drivers who might accidentally find themselves there. We gotta not assume every driver is listening to radio or aware protest is there,” he said, further suggesting protesters work with drivers by creating a safe path for them to travel on the street.The incident between the driver and the protesters happened toward the end of an otherwise peaceful night, after hundreds rallied and marched in downtown Denver over the lack of charges against the police officers involved in Breonna Taylor’s death in Louisville, Ky.Wednesday’s incident marks the third time this year a driver has encountered a crowd of protesters calling for racial justice.On May 28, the driver of a black SUV hit a protester after George Floyd demonstrators had blocked off the intersection of Colfax Avenue and Broadway. About two months later, on July 25, the driver of a Jeep drove through I-225 in Aurora while a crowd of Elijah McClain protesters marched along the highway. The driver of that Jeep is not facing charges at this time. This article was written by óscar Contreras and Ivan Rodriguez for KMGH. 5369