A Tennessee federal magistrate has disqualified a Memphis trial attorney representing plaintiffs in a putative class action over unprocessed rape evidence kits, ruling his past tenure as city attorney bars his participation in the case.
Citing the Tennessee Rules of Professional Conduct, U.S Magistrate Charmiane Claxton of the Western District of Tennessee ruled Jan. 5 that attorney Robert Spence should play no role in the action accusing the city of Memphis of failing to test 15,000 kits of evidence collected from female sexual assault victims over the past 25 years. That alleged failure rendered arrests and prosecutions unlikely in thousands of cases, the plaintiffs in Doe v. City of Memphis allege.
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