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· 8/18/2017

Larry A. Pullum v. State of Tennessee

Syllabus

The Petitioner, Larry A. Pullum, appeals from the Wayne County Circuit Court's denial of his petition for a writ of habeas corpus. The habeas corpus court dismissed the petition because it failed to state a cognizable claim. We affirm its judgment.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that threat of deportation constitutes both “abuse of law or legal process” and “serious harm”
  • finding that plaintiff plausibly alleged claims for forced labor under subsection 1589(a)(3) by providing the court with explicit threats made by his employer to “expose him to deportation” finding that the threats “constituted a claim of abuse of the legal process.”
  • reversing dismissal of a TVPA claim where plaintiff alleged that the defendant-employer failed to pay him the prevailing wage under the INA and failed to submit an H-2B petition to immigration authorities
  • “Section 1590 employs the disjunctive ‘or’ in delineating the ways in which a defendant can violate the statute.”
  • “[D]efendants’ threat that they would withdraw [plaintiff’s] sponsorship could plausibly be understood as a scheme to convince him that he would be harmed by deportation if he left or asked for overtime pay.”
  • threat to expose plaintiff to deportation 2 This is not only a criminal statute; the TVPA creates a civil cause of action for victims of alleged human trafficking. See 18 U.S.C. § 1595(a). plausibly constituted violation of § 1589(a)(3)

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge Robert H. Montgomery, Jr.

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.