civil rights exception (Tennessee) · Go Syfert
← Tennessee issues

civil rights exception in Tennessee

9 Tennessee opinions name it 3 courts 1995–2025 1 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 (8)

CaseFollowedCited
Campbell v. Anderson Countygreen
tned · 2010 · cited in 2 Tennessee opinions naming this issue, 2011–2019
2 sentences

2019Campbell v. Anderson County, 695 F.Supp.2d 764, 778 (E.D.

2011The civil rights exception was discussed at length in Campbell v. Anderson County, 695 F. Supp.2d 764 .

12
City of Mason v. Banksgreen
tenn · 1979 · cited in 1 Tennessee opinions naming this issue, 2025–2025
1 sentence

2025Id. (quoting City of Mason v. Banks, 581 S.W.2d 621, 627 (Tenn. 1979)).

11
Henderson v. United Statesgreen
scotus · 2013 · cited in 1 Tennessee opinions naming this issue, 2025–2025
2 sentences

2025Nichols, 2021 WL 1426992 , at *1; see also Henderson v. United States, 568 U.S. 266, 271 , 133 S. Ct. 1121 , 185 L.

2025Nichols, 2021 WL 1426992 , at *1; see also Henderson v. United States, 568 U.S. 266, 271 , 133 S. Ct. 1121 , 185 L.

11
Brian Devereux v. Knox Cnty., Tenn.green
ca6 · 2021 · cited in 1 Tennessee opinions naming this issue, 2025–2025
2 sentences

2025See Devereux v. Knox Cnty., 15 F.4th 388 , 397 (6th Cir. 2021) (noting that “under Cochran, the issue is whether the claims ‘did not sound in civil rights,’ and the presence of a civil rights claim is not strictly necessary for the civil rights exception to apply”); (quoting Cochran, 586 S.W.3d at 920).

2025See Devereux v. Knox Cnty., 15 F.4th 388 , 397 (6th Cir. 2021) (noting that “under Cochran, the issue is whether the claims ‘did not sound in civil rights,’ and the presence of a civil rights claim is not strictly necessary for the civil rights exception to apply”); (quoting Cochran, 586 S.W.3d at 920).

11
Timmons v. Metropolitan Government of Nashvillegreen
tennctapp · 2009 · cited in 1 Tennessee opinions naming this issue, 2025–2025
1 sentence

2025Gov’t of Nashville & Davidson Cnty., 307 S.W.3d 735, 741 (Tenn. Ct. App. 2009) (involving a claim of injury due to handcuffing, but where no party argued that the civil rights exception was applicable)).

11
Limbaugh v. Coffee Medical Centergreen
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2019–2019
2 sentences

2019As Cochran observed, [i]mportantly, our holding today is in keeping with the well- established principle that “statutes permitting suits against the State must be strictly construed.” Moreno v. City of Clarksville, 479 S.W.3d 795 , 809–10 (Tenn. 2015); see also Limbaugh, 59 S.W.3d at 83 (“[A]s the legislature created [the GTLA] in derogation of the common law . . . the Act must be strictly construed.”) (citing Lockhart ex rel.

2019While this proposition is generally correct “under appropriate circumstances,” Hughes, 340 S.W.3d at 368 (citing Limbaugh, 59 S.W.3d at 84 ), as already discussed, in this case alleging police assault and battery, the civil rights exception applies to preserve immunity.

11
Autry Ex Rel. Hood v. Hookergreen
tennctapp · 2009 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019Regarding claims for negligence against a government employee, Tenn. Code Ann § 29-20-310(c) provides, in pertinent part, as follows: No claim may be brought against an employee or judgment entered against an employee for injury proximately caused by an act or omission of the employee within the scope of the employee’s employment for which the governmental entity is immune in any amount in excess of the amounts established for governmental entities in § 29-20-403, unless the act or omission was willful, malicious, criminal, or performed for personal financial gain[.] In Autry v. Hooker, 304 S.

11
Howell v. Stategreen
tenn · 2004 · cited in 1 Tennessee opinions naming this issue, 2008–2008
1 sentence

2008T.C.A. § 40-30-103 (2003); Howell v. State, 151 S.W.3d 450, 460 (Tenn. 2004).

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 (7)

CaseCitedYears
Wallace v. Kato green
scotus · 2007
1 sentence

2019Wallace, 549 U.S. at 386-89 .

12019–2019
Richard Moreno v. City of Clarksville green
tenn · 2015
1 sentence

2019As Cochran observed, [i]mportantly, our holding today is in keeping with the well- established principle that “statutes permitting suits against the State must be strictly construed.” Moreno v. City of Clarksville, 479 S.W.3d 795 , 809–10 (Tenn. 2015); see also Limbaugh, 59 S.W.3d at 83 (“[A]s the legislature created [the GTLA] in derogation of the common law . . . the Act must be strictly construed.”) (citing Lockhart ex rel.

12019–2019
Hughes v. Metropolitan Government of Nashville & Davidson County green
tenn · 2011
1 sentence

2019While this proposition is generally correct “under appropriate circumstances,” Hughes, 340 S.W.3d at 368 (citing Limbaugh, 59 S.W.3d at 84 ), as already discussed, in this case alleging police assault and battery, the civil rights exception applies to preserve immunity.

12019–2019
Lester v. Walker green
tennctapp · 1995
2 sentences

2001As this court said, referring to claims against the individual defendants in Lester v. Walker, 907 S.W.2d 812 (Tenn. Ct. App. 1995), “[u]ntil the [Claims Commission] finds that all of the acts complained of were within the authority and duties of the defendants as employees of the State of Tennessee, the pending claim against the state is not conclusive of the rights of plaintiff against these defendants.” 907 S.W.2d at 815 .

2001As this court said, referring to claims against the individual defendants in Lester v. Walker, 907 S.W.2d 812 (Tenn. Ct. App. 1995), “[u]ntil the [Claims Commission] finds that all of the acts complained of were within the authority and duties of the defendants as employees of the State of Tennessee, the pending claim against the state is not conclusive of the rights of plaintiff against these defendants.” 907 S.W.2d at 815 .

12001–2001
Monell v. New York City Dept. of Social Servs. green
scotus · 1978
1 sentence

1999Before a custom can be the basis for a civil rights violation, the custom must be “so permanent and well settled as to constitute a ‘custom or usage’ with the force of law.” Monell, 436 U.S. at 690 , 98 S.Ct. 2035 .

11999–1999
Arizona v. Cook green
scotus · 1994
2 sentences

1995Woods v. Candela, 13 F.3d 574 (2nd Cir.1994), vacated, ___ U.S. ___, 115 S.Ct. 44 , 130 L.Ed.2d 5 (1994).

1995Woods v. Candela, 13 F.3d 574 (2nd Cir.1994), vacated, - U.S. -, 115 S.Ct. 44 , 130 L.Ed.2d 5 (1994).

11995–1995
Darryl J. Woods v. Joseph Candela green
ca2 · 1994
2 sentences

1995Woods v. Candela, 13 F.3d 574 (2nd Cir.1994), vacated, ___ U.S. ___, 115 S.Ct. 44 , 130 L.Ed.2d 5 (1994).

1995Woods v. Candela, 13 F.3d 574 (2nd Cir.1994), vacated, - U.S. -, 115 S.Ct. 44 , 130 L.Ed.2d 5 (1994).

11995–1995

Statutes the citing opinions construe

USC § 42u.s.c.1983 (7) TN § Tenn. Code Ann. § 29-20-205 (5)

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

IL 139 (1982–2026) CA 60 (1987–2025) MI 40 (1983–2026) IA 25 (1987–2023) TX 25 (1979–2021) MA 21 (1986–2025) FL 20 (1985–2020) NY 17 (1977–2020) NJ 15 (1980–2026) KY 13 (1992–2022) WV 12 (1985–2023) WA 12 (1981–2021) KS 12 (1973–2001) OH 12 (1984–2020) CT 11 (1982–2005) AZ 10 (1983–2014) NM 10 (1984–2025) PA 10 (1982–2020) TN 9 (1995–2025) GA 8 (1981–2021) CO 7 (1985–2025) AR 7 (1998–2013) IN 7 (1988–1999) UT 7 (1986–2012) OK 7 (1993–2025) NV 6 (1998–2021) ME 6 (1994–2022) ID 6 (1986–2016) OR 5 (1988–2022) MT 5 (1990–2008) MN 4 (1988–2017) DC 4 (1989–2002) WI 4 (1983–2023) LA 4 (2007–2014) MO 4 (1989–2022) RI 4 (1993–2004) AL 4 (2002–2016) WY 3 (1990–2007) VT 3 (1995–2014) ND 3 (1994–2006) NC 3 (1995–2024) DE 2 (1987–2017) NH 2 (1979–2016)

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.

← Caselaw search · G Cite Topics · Brief Check