Tennessee Code Annotated
Tenn. Code Ann. § 29-20-113 (2024)
Award of attorneys' fees and costs to state and local government employees sued in individual capacity
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) Notwithstanding § 20-12-119(c)(5)(A), if a claim is filed with a Tennessee or federal court, the Tennessee claims commission, board of claims, or any other judicial body established by the state or by a governmental entity of the state, against an employee of the state or of a governmental entity of the state in the person's individual capacity, and the claim arises from actions or omissions of the employee acting in an official capacity or under color of law, and that employee prevails in the proceeding as provided in this section, then the court or other judicial body on motion shall award reasonable attorneys' fees and costs incurred by the employee in defending the claim filed against the employee.
- (b) For purposes of this section, the employee shall be the prevailing party if:
- (1) The employee successfully defends the claim alleging individual liability; or
- (2) The claim of individual liability is dismissed with or without prejudice after forty-five (45) days have elapsed after an answer or other responsive pleading is filed in which the employee asserts the employee was not acting within the employee's individual capacity at the time of the matters stated in the complaint.
- (c) The inclusion of an additional claim against the employee in official capacity in the same proceeding shall not preclude the employee from obtaining the remedies provided in this section that are related to the claim against the employee in individual capacity.
- (d) Attorneys' fees and costs shall be paid to the state, or a governmental entity of the state, if either the state or the governmental entity represents, or retains and agrees to pay for counsel to represent, the employee sued in an individual capacity. If the state has not made such agreement, the attorneys' fees and costs shall be paid to the employee, or to counsel representing the employee. Attorneys' fees shall be calculated at a reasonable rate paid to attorneys of similar experience in private practice in the county where the proceeding is initiated.
Added by 2016 Tenn. Acts, ch. 848, s 1, eff. 6/1/2016.
Notes of Decisions
Cited in 14
cases (9 in the last 5 years), 2018–2026 · leading case: McKayla Taylor v. Miriam's Promise, No. M2020-01509-COA-R3-CV (Tenn. Ct. App. Apr. 7, 2022).
McKayla Taylor v. Miriam's Promise, No. M2020-01509-COA-R3-CV (Tenn. Ct. App. Apr. 7, 2022). “Tenn. Code Ann. § 29-20-113 . Ms. Reid asserted that she was employed by a private act hospital, was sued in her individual capacity, and prevailed within the meaning of the statute because all claims against her were dismissed, with that ruling being upheld on appeal.”
Andy Aylor v. Fred Carr, No. M2018-01836-COA-R3-CV, 2019 WL 2745625 (Tenn. Ct. App. July 1, 2019). “The defendants then filed a joint motion for attorneys’ fees, relying on Tenn. Code Ann. § 29-20-113 , which permits a state employee to recover attorneys’ fees when the employee is the “prevailing party” on claims filed against the employee in the employee’s individual capacity.”
Whiting v. City Of Athens, No. 3:23-cv-00002 (E.D. Tenn. Feb. 18, 2025). “7 Defendant Sliger initially moved for fees under Tenn. Code Ann. § 29-20-113 as well but withdrew this request.”
Whiting v. City Of Athens, No. 3:23-cv-00221 (E.D. Tenn. Sept. 24, 2024). “Tenn. Code Ann. § 29-20-113 Even if Defendants were not due attorney fees pursuant to 42 U.”
Whiting v. City Of Athens, No. 3:23-cv-00220 (E.D. Tenn. Sept. 24, 2024). “Tenn. Code Ann. § 29-20-113 Even if Defendants were not due attorney fees pursuant to 42 U.”
Ogle v. Jones, No. 3:20-cv-00293 (E.D. Tenn. May 16, 2024). “§ 29-20-113. [Doc. 75]. According to Jones, the statute entitles him to attorney’s fees based on Ogle’s voluntary dismissal of her previous lawsuit against him (hereinafter “Ogle I”).”
Kevin J. McNeill v. Blount Mem'l Hosp. Inc., No. E2022-00209-COA-R3-CV, 2022 WL 16955177 (Tenn. Ct. App. Nov. 16, 2022). “Tenn. Code Ann. § 29-20-113 . Mr. Heinemann was sued in his individual capacity for actions taken in his official capacity on behalf of BMHI.”
Shirley Collins v. John D. Carter, No. E2018-01365-COA-R3-CV (Tenn. Ct. App. Apr. 9, 2020). “Tenn. Code Ann. § 29-20-113 (a). 13 under Tennessee Code Annotated § 29-20-113(a).”
Thomas Nathan Loftis, Sr. v. Randy Rayburn, No. M2017-01502-COA-R3-CV, 2018 WL 1895842 (Tenn. Ct. App. Apr. 20, 2018). “Loftis’s attorney’s statement at the hearing as a judicial admission.”
Williams v. Shelby Cnty. Sch. Sys., No. 2:17-cv-02284 (W.D. Tenn. June 17, 2019). “Tenn. Code Ann. § 29-20-113 . The Court held that this statute embodies a substantive policy of the State that does not interfere with a valid federal statute or court rule.”
Glenn Whiting v. City of Athens, Tenn., 170 F.4th 439 (6th Cir. 2026). “5The constitutionality of T.C.A. § 29-20-113 is not before us, and nothing in this opinion should be read as us deciding whether T.”
Katoria Williams v. Shelby Cty. Sch. Sys., No. 19-5789, 2020 WL 1190433 (6th Cir. Mar. 12, 2020). “Six months later, after the district court held a status conference and indicated that it would award fees to Douglas, Williams filed a motion arguing that the Tennessee statute requiring losing plaintiffs to pay the fees of prevailing state employees, Tenn. Code Ann. §…”
Tenn. Code Ann. § 29-20-113(a): 7 cases
Shirley Collins v. John D. Carter, No. E2018-01365-COA-R3-CV (Tenn. Ct. App. Apr. 9, 2020). “Tenn. Code Ann. § 29-20-113 (a). 13 under Tennessee Code Annotated § 29-20-113(a).”
Ogle v. Jones, No. 3:20-cv-00293 (E.D. Tenn. May 16, 2024). “§ 29-20-113. [Doc. 75]. According to Jones, the statute entitles him to attorney’s fees based on Ogle’s voluntary dismissal of her previous lawsuit against him (hereinafter “Ogle I”).”
Whiting v. City Of Athens, No. 3:23-cv-00221 (E.D. Tenn. Sept. 24, 2024). “Tenn. Code Ann. § 29-20-113 Even if Defendants were not due attorney fees pursuant to 42 U.”
Whiting v. City Of Athens, No. 3:23-cv-00220 (E.D. Tenn. Sept. 24, 2024). “Tenn. Code Ann. § 29-20-113 Even if Defendants were not due attorney fees pursuant to 42 U.”
Andy Aylor v. Fred Carr, No. M2018-01836-COA-R3-CV, 2019 WL 2745625 (Tenn. Ct. App. July 1, 2019). “The defendants then filed a joint motion for attorneys’ fees, relying on Tenn. Code Ann. § 29-20-113 , which permits a state employee to recover attorneys’ fees when the employee is the “prevailing party” on claims filed against the employee in the employee’s individual capacity.”
Tenn. Code Ann. § 29-20-113(b)(1): 1 case
Andy Aylor v. Fred Carr, No. M2018-01836-COA-R3-CV, 2019 WL 2745625 (Tenn. Ct. App. July 1, 2019). “The defendants then filed a joint motion for attorneys’ fees, relying on Tenn. Code Ann. § 29-20-113 , which permits a state employee to recover attorneys’ fees when the employee is the “prevailing party” on claims filed against the employee in the employee’s individual capacity.”
Tenn. Code Ann. § 29-20-113(b)(2): 5 cases
Andy Aylor v. Fred Carr, No. M2018-01836-COA-R3-CV, 2019 WL 2745625 (Tenn. Ct. App. July 1, 2019). “The defendants then filed a joint motion for attorneys’ fees, relying on Tenn. Code Ann. § 29-20-113 , which permits a state employee to recover attorneys’ fees when the employee is the “prevailing party” on claims filed against the employee in the employee’s individual capacity.”
Whiting v. City Of Athens, No. 3:23-cv-00221 (E.D. Tenn. Sept. 24, 2024). “Tenn. Code Ann. § 29-20-113 Even if Defendants were not due attorney fees pursuant to 42 U.”
Whiting v. City Of Athens, No. 3:23-cv-00220 (E.D. Tenn. Sept. 24, 2024). “Tenn. Code Ann. § 29-20-113 Even if Defendants were not due attorney fees pursuant to 42 U.”
Ogle v. Jones, No. 3:20-cv-00293 (E.D. Tenn. May 16, 2024). “§ 29-20-113. [Doc. 75]. According to Jones, the statute entitles him to attorney’s fees based on Ogle’s voluntary dismissal of her previous lawsuit against him (hereinafter “Ogle I”).”
Whiting v. City Of Athens, No. 3:23-cv-00002 (E.D. Tenn. Feb. 18, 2025). “7 Defendant Sliger initially moved for fees under Tenn. Code Ann. § 29-20-113 as well but withdrew this request.”
Tenn. Code Ann. § 29-20-113(c): 1 case
McKayla Taylor v. Miriam's Promise, No. M2020-01509-COA-R3-CV (Tenn. Ct. App. Apr. 7, 2022). “Tenn. Code Ann. § 29-20-113 . Ms. Reid asserted that she was employed by a private act hospital, was sued in her individual capacity, and prevailed within the meaning of the statute because all claims against her were dismissed, with that ruling being upheld on appeal.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.