qualified immunity (Tennessee) · Go Syfert
← Tennessee issues

qualified immunity in Tennessee

38 Tennessee opinions name it 3 courts 1916–2025 2 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (47)

CaseFollowedCited
Langford v. Vanderbilt Universitygreen
tennctapp · 1958 · cited in 6 Tennessee opinions naming this issue, 1996–2017
2 sentences

2017The Smith court described the privilege as a qualified privilege that is available so long as the report (1) provides a ‘“correct and just impression of what took place in Court,”’ id. (quoting Langford, 318 S.W.2d at 574 ), and (2) is balanced and neutral, id.

2017The Smith court described the privilege as a qualified privilege that is available so long as the report (1) provides a ‘“correct and just impression of what took place in Court,”’ id. (quoting Langford, 318 S.W.2d at 574 ), and (2) is balanced and neutral, id.

56
Malley v. Briggsgreen
scotus · 1986 · cited in 4 Tennessee opinions naming this issue, 1996–2004
2 sentences

1996Malley v. Briggs, 475 U.S. 335, 344-45 , 106 S. Ct. 1092, 1097-98 (1986); Davis v. Scherer, 468 U.S. at 191, 195 , 104 S. Ct. at 3017, 3019 . -4- When the qualified immunity defense is raised in the context of a summary judgment motion, the appellate courts review orders denying the motion de novo.

1996Malley v. Briggs, 475 U.S. 335, 344-45 , 106 S. Ct. 1092, 1097-98 (1986); Davis v. Scherer, 468 U.S. at 191, 195 , 104 S. Ct. at 3017, 3019 . -4- When the qualified immunity defense is raised in the context of a summary judgment motion, the appellate courts review orders denying the motion de novo.

44
Morris Rodgers v. John Jabe, Jerry Hofbauer, and Robin Pratt, in Their Individual and Official Capacitiesgreen
ca6 · 1995 · cited in 3 Tennessee opinions naming this issue, 1996–2002
2 sentences

2002Rogers v. Jabe, 43 F.3d 1082, 1085 (6th Cir. 1995).

2001Rodgers v. Jabe, 43 F.3d 1082, 1085 (6th Cir.1995).

33
Harlow v. Fitzgeraldgreen
scotus · 1982 · cited in 6 Tennessee opinions naming this issue, 1992–2011
2 sentences

2011Harlow v. Fitzgerald, 457 U.S. at 814 (footnote omitted). -9- Qualified immunity is more than simply a defense to liability.

1992In Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the court refined the scope of the qualified immunity explained earlier in its opinions in Scheurer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) and Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

26
Mitchell v. Forsythgreen
scotus · 1985 · cited in 4 Tennessee opinions naming this issue, 2004–2011
2 sentences

2011Its purpose is “to immunize a public official from the harassment, expense, and distraction caused by the lawsuit itself.” 2 Smolla § 14:51; see also Siegert v. Gilley, 500 U.S. 226, 232-33 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991) (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985)); see also 4 Rotunda & Nowak § 19:29(a), at 585-86.

2009The qualified immunity privilege entitles a party to “immunity from suit rather than a mere defense to liability.” Mitchell v. Forsyth, 472 U.S. 511, 526 (1985).

24
Lucas v. Stategreen
tennctapp · 2004 · cited in 2 Tennessee opinions naming this issue, 2013–2013
2 sentences

2013See Lucas v. State, 141 S.W.3d 121 (Tenn.Ct.App.2004).

2013See Lucas v. State, 141 S.W.3d 121, 134 (Tenn. Ct. App. 2004).

22
Fayne v. Vincentgreen
tenn · 2009 · cited in 2 Tennessee opinions naming this issue, 2011–2011
2 sentences

2011See Fayne v. Vincent, 301 S.W.3d 162, 171 (Tenn.2009).

2011See Fayne v. Vincent, 301 S.W.3d 162, 171 (Tenn. 2009). ______________________________ JANICE M.

22
William Winchester v. Christy Littlegreen
tennctapp · 1998 · cited in 2 Tennessee opinions naming this issue, 2004–2004
2 sentences

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov.29,1999); Gomez v. Toledo, 446 U.S. 635 , 64 L.Ed.2d 572 , 100 S.Ct. 1920 , (1980); Wood v. Strickland, 420 U.S. 308 , 43 L.Ed.2d 214 , 95 S.Ct. 992 (1975).

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov. 29, 1999); Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 , (1980); Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

22
Sherman L.G. Noble v. Janice Schmitt and Connie Stevensgreen
ca6 · 1996 · cited in 2 Tennessee opinions naming this issue, 2004–2004
2 sentences

2004See also Noble v. Schmitt, 87 F.3d 157, 161 (6th Cir.1996).

2004See also Noble v. Schmitt, 87 F.3d 157, 161 (6th Cir.1996).

22
Rich v. City of Mayfield Heightsgreen
ca6 · 1992 · cited in 2 Tennessee opinions naming this issue, 2004–2004
2 sentences

2004As to the procedural aspects of a qualified immunity defense, the Sixth Circuit Court of Appeals has observed: “Qualified or ‘good faith’ immunity is an affirmative defense that is available to government officials performing discretionary functions.” Rich v. City of Mayfield Hts., 955 F.2d 1092 , 1094 (6th Cir.1992).

2004As to the procedural aspects of a qualified immunity defense, the Sixth Circuit Court of Appeals has observed: “Qualified or ‘good faith’ immunity is an affirmative defense that is available to government officials performing discretionary functions.” Rich v. City of Mayfield Hts., 955 F.2d 1092 , 1094 (6th Cir.1992).

22
Beene v. National Liquor Co.green
texapp · 1916 · cited in 2 Tennessee opinions naming this issue, 2000–2000
2 sentences

2000Co. v. Black, 136 Tenn. 391 , -5- 189 S.W. 86 1 (1916): Qualified privilege extends to all communications made in good faith upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty to a p erson hav ing a corresponding interest or duty; and the privilege embraces cases where the duty is not a legal one, but where it is of a moral or social character of imperfect obligation . . .

2000Co. v. Black, 136 Tenn. 391 , -5- 189 S.W. 86 1 (1916): Qualified privilege extends to all communications made in good faith upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty to a p erson hav ing a corresponding interest or duty; and the privilege embraces cases where the duty is not a legal one, but where it is of a moral or social character of imperfect obligation . . .

22
Davis v. Scherergreen
scotus · 1984 · cited in 3 Tennessee opinions naming this issue, 1996–2004
2 sentences

1996Malley v. Briggs, 475 U.S. 335, 344-45 , 106 S. Ct. 1092, 1097-98 (1986); Davis v. Scherer, 468 U.S. at 191, 195 , 104 S. Ct. at 3017, 3019 . -4- When the qualified immunity defense is raised in the context of a summary judgment motion, the appellate courts review orders denying the motion de novo.

1996Malley v. Briggs, 475 U.S. 335, 344-45 , 106 S. Ct. 1092, 1097-98 (1986); Davis v. Scherer, 468 U.S. at 191, 195 , 104 S. Ct. at 3017, 3019 . -4- When the qualified immunity defense is raised in the context of a summary judgment motion, the appellate courts review orders denying the motion de novo.

13
Donald Saucier v. Elliot M. Katz and in Defense of Animalsred
scotus · 2001 · cited in 2 Tennessee opinions naming this issue, 2002–2011
2 sentences

2011Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

2011Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

12
Sandra L. Wallis v. Brainerd Baptist Churchgreen
tenn · 2016 · cited in 1 Tennessee opinions naming this issue, 2022–2022
2 sentences

2022We agree. “[I]ssues not raised in the trial court cannot be raised for the first time on appeal.” Wallis v. Brainerd Baptist Church, 509 S.W.3d 886, 898 (Tenn. 2016).

2022We agree. “[I]ssues not raised in the trial court cannot be raised for the first time on appeal.” Wallis v. Brainerd Baptist Church, 509 S.W.3d 886, 898 (Tenn. 2016).

11
Armstrong v. McCluregreen
tenn · 1871 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017The Court qualified this rule, however, by explaining its general application “if there can be nothing in the terms or decree of sale providing otherwise.” See Pearson, 42 S.W. at 11 ; see also Armstrong, 51 Tenn. at 83 (stating that the purchaser is not entitled to rent before confirmation “if there is nothing in the terms of the sale, as contained in the decree which controls the question of rents.”).

11
Towse v. Stategreen
haw · 1982 · cited in 1 Tennessee opinions naming this issue, 2013–2013
11
Sanchez v. Coxongreen
ariz · 1993 · cited in 1 Tennessee opinions naming this issue, 2013–2013
2 sentences

2013The Supreme Court of Arizona discussed the rationale for extending the privilege to subordinate legislatures, stating: “The stated rationale supporting absolute immunity for council members varies but frequently includes attracting qualified council members, council members’ need for candor, and the chilling effect accompanying a qualified privilege.” Sanchez v. Coxon, 175 Ariz. 93, 96 , 854 P.2d 126, 129 (1993).

2013The Supreme Court of Arizona discussed the rationale for extending the privilege to subordinate legislatures, stating: “The stated rationale supporting absolute immunity for council members varies but frequently includes attracting qualified council members, council members’ need for candor, and the chilling effect accompanying a qualified privilege.” Sanchez v. Coxon, 175 Ariz. 93, 96 , 854 P.2d 126, 129 (1993).

11
Chamberlain v. Mathisgreen
ariz · 1986 · cited in 1 Tennessee opinions naming this issue, 2013–2013
2 sentences

2013Similarly, in Chamberlain v. Mathis, the Arizona Supreme Court adopted a qualified privilege for the Director of the Arizona Department of Health Services, reasoning in that case that the rationale supporting absolute immunity is “countered by basic principles of equal justice.” 151 Ariz. 551 , 729 P.2d 905, 912 (1986).

2013Similarly, in Chamberlain v. Mathis, the Arizona Supreme Court adopted a qualified privilege for the Director of the Arizona Department of Health Services, reasoning in that case that the rationale supporting absolute immunity is “countered by basic principles of equal justice.” 151 Ariz. 551 , 729 P.2d 905, 912 (1986).

11
Scales v. District of Columbiagreen
dc · 2009 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Joseph M. Schultea, Sr. v. David Robert Wood, David Robert Wood, Homer Ford, W.F. \Slim\" Plagens and Warren K. Driver"green
ca5 · 1995 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Pearson v. Callahangreen
scotus · 2009 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Terry A. Veney v. Michael Hogan Carol Hernandez Frank D. Fleischer and Martha Knicelygreen
ca6 · 1996 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Maestas v. State of Coloradogreen
ca10 · 2003 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Siegert v. Gilleygreen
scotus · 1991 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Ochser v. Funkgreen
arizctapp · 2010 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Leo v. Trevinogreen
texapp · 2006 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Venegas v. County of Los Angelesgreen
cal · 2004 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Thompson v. Doudsgreen
fladistctapp · 2003 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
John Burk v. Linda L. Beene, Doctor, in Her Individual and Official Capacity as Director of the Arkansas State Board of Private Career Educationgreen
ca8 · 1991 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Carlos D. Goad and Robert J. Wuchich v. Betty Mitchell, Jacqui Visintine, and M.A. Gilbertgreen
ca6 · 2002 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Fleming v. City of Bridgeportgreen
conn · 2007 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Kline v. KDB, INC.green
gactapp · 2009 · cited in 1 Tennessee opinions naming this issue, 2011–2011
11
Fraidin v. Weitzmangreen
mdctspecapp · 1992 · cited in 1 Tennessee opinions naming this issue, 2010–2010
11
Jeffrey Moldowan v. Maureen Fourniergreen
ca6 · 2009 · cited in 1 Tennessee opinions naming this issue, 2009–2009
11
Newton v. Coxgreen
tenn · 1994 · cited in 1 Tennessee opinions naming this issue, 2009–2009
11
cluster 765529green
ca6 · 1999 · cited in 1 Tennessee opinions naming this issue, 2009–2009
11
Harrison v. Schradergreen
tenn · 1978 · cited in 1 Tennessee opinions naming this issue, 2009–2009
11
Edmonds v. Chamberlain Memorial Hospitalgreen
tennctapp · 1981 · cited in 1 Tennessee opinions naming this issue, 2009–2009
11
Hansen v. Transworld Wireless TV-Spokanegreen
washctapp · 2002 · cited in 1 Tennessee opinions naming this issue, 2006–2006
11
Boulevard Associates v. Sovereign Hotels, Inc.green
ca2 · 1995 · cited in 1 Tennessee opinions naming this issue, 2006–2006
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (30)

CaseCitedYears
Anderson v. Creighton green
scotus · 1987
2 sentences

2004Any lingering doubt that “discretionary function” immunity is, in fact, a qualified immunity and not an absolute immunity is settled by the United States Supreme Court in Anderson v. Creighton, 483 U.S. *135 635, 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987) wherein the court observed the tension between government officials abusing their offices on the one hand and being honestly-mistaken as to their conduct on the other.

2004Any lingering doubt that “discretionary function” immunity is, in fact, a qualified immunity and not an absolute immunity is settled by the United States Supreme Court in Anderson v. Creighton, 483 U.S. *135 635, 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987) wherein the court observed the tension between government officials abusing their offices on the one hand and being honestly-mistaken as to their conduct on the other.

41998–2004
Scheuer v. Rhodes red
scotus · 1974
2 sentences

1992In Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the court refined the scope of the qualified immunity explained earlier in its opinions in Scheurer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) and Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

1992In Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the court refined the scope of the qualified immunity explained earlier in its opinions in Scheurer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) and Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

31992–2004
Butz v. Economou green
scotus · 1978
2 sentences

1992In Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the court refined the scope of the qualified immunity explained earlier in its opinions in Scheurer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) and Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

1992In Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the court refined the scope of the qualified immunity explained earlier in its opinions in Scheurer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) and Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

31992–2004
Southern Ice Co. v. Black green
tenn · 1916
2 sentences

2000Co. v. Black, 136 Tenn. 391 , -5- 189 S.W. 86 1 (1916): Qualified privilege extends to all communications made in good faith upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty to a p erson hav ing a corresponding interest or duty; and the privilege embraces cases where the duty is not a legal one, but where it is of a moral or social character of imperfect obligation . . .

2000Co. v. Black, 136 Tenn. 391 , -5- 189 S.W. 86 1 (1916): Qualified privilege extends to all communications made in good faith upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty to a p erson hav ing a corresponding interest or duty; and the privilege embraces cases where the duty is not a legal one, but where it is of a moral or social character of imperfect obligation . . .

31996–2000
Lewis v. NewsChannel 5 Network, L.P. green
tennctapp · 2007
2 sentences

2017The court noted that the privilege is a qualified privilege rather than an absolute privilege, and then stated: “In order for the privilege to apply, the report must be ‘a fair and accurate summation of the proceeding,’ and must display balance and neutrality.” Lewis, 238 S.W.3d at 284 (quoting Smith, 944 S.W.2d at 625 ). “[A] report of a judicial proceeding will not be shielded by the privilege if it contains any false statement of fact regarding what occurred during the proceeding, any garbled or one-sided account of the proceeding, or any defamatory observations or comments.” Id.

2012Lewis, 238 S.W.3d at 284 ; Langford v. Vanderbilt Univ., 44 Tenn.App. 694 , 318 S.W.2d 568, 574 (1958).

22012–2017
Coulibaly v. Immigration & Naturalization Service green
scotus · 1999
2 sentences

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov. 29, 1999); Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 , (1980); Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov. 29, 1999); Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 , (1980); Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

22004–2004
Lenoir v. Kerley green
scotus · 1999
2 sentences

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov.29,1999); Gomez v. Toledo, 446 U.S. 635 , 64 L.Ed.2d 572 , 100 S.Ct. 1920 , (1980); Wood v. Strickland, 420 U.S. 308 , 43 L.Ed.2d 214 , 95 S.Ct. 992 (1975).

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov. 29, 1999); Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 , (1980); Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

22004–2004
Wood v. Strickland green
scotus · 1975
2 sentences

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov. 29, 1999); Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 , (1980); Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov. 29, 1999); Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 , (1980); Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

22004–2004
Gomez v. Toledo green
scotus · 1980
2 sentences

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov. 29, 1999); Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 , (1980); Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

2004Qualified immunity has been historically referred to as “good faith immunity.” See Winchester v. Little, 996 S.W.2d 818, 826 (1998), perm. app. denied July 6, 1999, cert. denied 528 U.S. 1026 , 120 S.Ct. 543 , 145 L.Ed.2d 421 (Nov. 29, 1999); Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 , (1980); Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975).

22004–2004
Austin v. Memphis Publishing Co. green
tenn · 1983
1 sentence

2025Co., 655 S.W.2d 146 (Tenn. 1983)), which grants to news media a qualified protection from producing certain information and sources of information. - 34 - The court noted that, during the hearing on the motion, an affidavit filed by Granada on August 18, 2009, stated that Granada Entertainment didn’t have verbatim transcripts of the interviews or the Miranda procedure, but only editorial notes consisting of less than 4 minutes of the lengthy custodial interview of [Petitioner] by the police, and that “Granada employees do not transcribe police’s administering of Miranda warnings, because they

12025–2025
Pearson v. Gillenwaters green
tenn · 1897
1 sentence

2017The Court qualified this rule, however, by explaining its general application “if there can be nothing in the terms or decree of sale providing otherwise.” See Pearson, 42 S.W. at 11 ; see also Armstrong, 51 Tenn. at 83 (stating that the purchaser is not entitled to rent before confirmation “if there is nothing in the terms of the sale, as contained in the decree which controls the question of rents.”).

12017–2017
Smith v. Reed green
tennctapp · 1996
2 sentences

2017The Smith court described the privilege as a qualified privilege that is available so long as the report (1) provides a ‘“correct and just impression of what took place in Court,”’ id. (quoting Langford, 318 S.W.2d at 574 ), and (2) is balanced and neutral, id.

2017The court noted that the privilege is a qualified privilege rather than an absolute privilege, and then stated: “In order for the privilege to apply, the report must be ‘a fair and accurate summation of the proceeding,’ and must display balance and neutrality.” Lewis, 238 S.W.3d at 284 (quoting Smith, 944 S.W.2d at 625 ). “[A] report of a judicial proceeding will not be shielded by the privilege if it contains any false statement of fact regarding what occurred during the proceeding, any garbled or one-sided account of the proceeding, or any defamatory observations or comments.” Id.

12017–2017
Gold Seal Chinchillas, Inc. v. State green
wash · 1966
1 sentence

2013We note that “the overwhelming majority of cases have struck the balance in favor of encouraging public officials to speak with complete candor — and without fear of legal recourse — with respect to their official duties.” Gold Seal, 420 P.2d at 701 .

12013–2013
Barr v. Matteo green
scotus · 1959
12013–2013
cluster 655347 green
ca8 · 1993
12010–2010
Schott v. Glover green
illappct · 1982
12010–2010
Reynolds v. Schrock green
or · 2006
12010–2010
Kahala Royal Corp. v. Goodsill Anderson Quinn & Stifel green
haw · 2007
12010–2010
Mathews v. Pyle green
ariz · 1952
12006–2006
Hansen v. Transworld Wireless TV-Spokane, Inc. green
washctapp · 2002
12006–2006
Handley v. May green
tennctapp · 1979
11997–1997
Joseph F. Morgan v. Dun & Bradstreet, Inc. green
ca5 · 1970
11997–1997
Oberkircher v. Chicago Transit Authority neutral
illappct · 1963
11995–1995
Monroe v. Pape red
scotus · 1961
11994–1994
Fann v. Brailey green
tennctapp · 1992
11994–1994
Owen v. City of Independence green
scotus · 1980
11994–1994
Procunier v. Navarette green
scotus · 1978
11979–1979
Apolinar Navarette, Jr., AKA Paul Medel Navarette v. Jiro J. Enomoto green
ca9 · 1976
11979–1979
Cromwell General Contractor, Inc. v. Lytle green
tenn · 1969
11979–1979
Chambers v. Leiser green
wash · 1906
11916–1916

Statutes the citing opinions construe

USC § 42u.s.c.1983 (12) TN § Tenn. Code Ann. § 9-8-307 (4) TN § Tenn. Code Ann. § 10-7-503 (3) TN § Tenn. Code Ann. § 10-7-504 (3) TN § Tenn. Code Ann. § 29-20-101 (3) TN § Tenn. Code Ann. § 29-20-205 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 703 (1860–2025) TX 333 (1970–2025) OH 317 (1909–2026) CA 264 (1911–2026) CT 218 (1913–2026) IL 203 (1944–2026) NJ 186 (1946–2026) FL 170 (1907–2025) LA 158 (1934–2023) WA 157 (1918–2025) MI 149 (1899–2026) MD 136 (1901–2026) NC 110 (1920–2026) PA 109 (1906–2025) IN 103 (1911–2025) MA 103 (1952–2025) MN 96 (1895–2019) AL 93 (1929–2025) MS 92 (1913–2026) IA 92 (1899–2026) WV 84 (1958–2025) AZ 81 (1965–2026) CO 80 (1915–2026) MO 72 (1909–2021) AR 68 (1940–2025) VA 67 (1928–2026) KY 67 (1913–2025) DC 62 (1977–2025) GA 62 (1927–2025) VT 60 (1974–2026) NM 53 (1924–2026) KS 46 (1908–2026) ME 45 (1956–2026) OR 44 (1919–2026) TN 38 (1916–2025) WI 36 (1975–2026) OK 33 (1940–2023) SC 32 (1958–2025) RI 31 (1972–2023) WY 29 (1938–2025) HI 28 (1939–2026) UT 28 (1976–2025) ID 28 (1965–2024) DE 27 (1958–2024) SD 20 (1964–2021) NV 20 (1919–2025) NE 19 (1931–2020) NH 18 (1977–2017) ND 17 (1991–2025) AK 17 (1983–2019) MT 15 (1956–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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