Tennessee Code Annotated

Tenn. Code Ann. § 29-20-208 (2026)

Governmental immunity waived for claims against any governmental entity under Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

✓ current as of May 2026

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Immunity from suit of any governmental entity, or any agency, authority, board, branch, commission, division, entity, subdivision, or department of state government, or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education, is removed for the purpose of claims against and relief from a governmental entity under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (38 U.S.C. §§ 4301 - 4334).

Acts 2014 , ch. 574, § 1.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2017–2024 · leading case: David R. Smith v. The Tennessee Nat'l Guard, 551 S.W.3d 702 (2018).

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David R. Smith v. The Tennessee Nat'l Guard, 551 S.W.3d 702 (2018). “But the General Assembly also clearly and unmistakably limited the waiver of sovereign immunity by making it "take effect July 1, 2014" and by applying it only to claims "accruing on or after" July 1, 2014.”

David R. Smith v. The Tennessee Nat'l Guard (Tenn. Ct. App. 2017). · cites it 46× “, and Tennessee Code Annotated section 29-20-208. The trial court dismissed the complaint for failure to state a claim.”

David R. Smith v. The Tennessee Nat'l Guard (Tenn. Ct. App. 2017). · cites it 4× “In the interim between the dismissal of his first suit and the filing of the current suit, the Tennessee General 1 I fully concur in the majority’s conclusion that Tennessee Code Annotated § 29-20-208 does not violate the Supremacy Clause of the United States Constitution.”

Larry King v. Town of Selmer, Tennessee (2024). “§ 29-20-205 (for injuries proximately caused by a negligent act or omission of a governmental employee within the scope of employment -4- with certain exceptions); Tenn. Code Ann. § 29-20-208 (for the purpose of claims against and relief from a governmental entity under the…”

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