Tenn. Code Ann. » Tenn. Code / Title 4 / Chapter 21 / Part 7
Tennessee Code Annotated

Tenn. Code Ann. § 4-21-701 (2026)

Creation of civil action - Damages

✓ current as of May 2026
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Acts 1990, ch. 908, § 1; 1996, ch. 675, § 8.

Notes of Decisions
Cited in 36 cases (3 in the last 5 years), 1992–2026 · leading case: Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000).
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Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000). · cites it 60× “In response to three questions certified to this Court from the United States District Court of the Middle District of Tennessee, we hold: that the elements of the civil claim of malicious harassment under Tenn. Code Ann. § 4-21-701 (1998) are derived from the criminal offense…”
Levy v. Franks, 159 S.W.3d 66 (Tenn. Ct. App. 2004). · cites it 27× “(b) A person may be liable to the victim of malicious harassment for both special and general damages, including, but not limited to, damages for emotional distress, reasonable attorney’s fees and costs, and punitive damages.”
Kim Brown v. Christian Bros. Univ., 428 S.W.3d 38 (Tenn. Ct. App. 2013). · cites it 6× “” Tenn.Code Ann. § 4-21-701. The terms “malicious” and “harassment” are not defined in Tenn.”
Byrd v. State, 150 S.W.3d 414 (Tenn. Ct. App. 2004). · cites it 10× “Tenn.Code Ann. § 4-21-701 (1998). This section does not state expressly that it includes a claim against the State.”
Young v. State Farm Mut. Auto. Ins., 868 F. Supp. 937 (W.D. Tenn. 1994). · cites it 10× “Plaintiff also alleges a cause of action for malicious harassment pursuant to Tenn.Code Ann. § 4-21-701. Defendant filed this motion arguing that plaintiff has failed to state a cause of action for malicious harassment and that it is entitled to summary judgment on plaintiffs…”
Oates v. Chattanooga Publ'g Co., 205 S.W.3d 418 (Tenn. Ct. App. 2006). · cites it 5× “This statute was passed because “it is the right of every person regardless of race, color, ancestry, religion or national origin, to be secure and protected from fear, intimidation, harassment and bodily injury caused by the activities of groups and individuals.”
Bowman v. City of Memphis, 329 S.W.3d 766 (Tenn. Ct. App. 2010). · cites it 8× “Bowman asserted that the police officers were acting within the course and scope of their employment, and that the City of Memphis was liable for the officers’ actions under the doctrine of respondeat superior under Tennessee Code Annotated § 4-21-701. Ms. Bowman also alleged…”
Davidson v. Bredesen, 330 S.W.3d 876 (Tenn. Ct. App. 2009). · cites it 4× “Davidson also claimed treble damages under RICO for Defendants’ willful misconduct.”
Carver v. Citizen Utils. Co., 954 S.W.2d 34 (Tenn. 1997). · cites it 2× “” The legislature has further demonstrated an ability to clearly indicate, by express language, when punitive damages are available under the THRA Both Tenn.”
England v. Fleetguard, Inc., 878 F. Supp. 1058 (M.D. Tenn. 1995). · cites it 8× “Tenn. Code Ann. § 4-21-701 (b). Second, punitive damages are available to a victim of discriminatory practices under § 4r-21-311, but such damages are limited to cases of discriminatory housing practices.”
Fromuth v. Metro. Gov't of Nashville, 158 F. Supp. 2d 787 (M.D. Tenn. 2001). · cites it 5× “The civil cause of action for malicious harassment is defined in Tenn. Code Ann. § 4-21-701 . It reads as follows: *797 (a) There is hereby created a civil cause of action for malicious harassment.”
Strong v. HMA Fentress Cnty. Gen. Hosp., LLC, 194 F. Supp. 3d 685 (M.D. Tenn. 2016). · cites it 4× “However, in so doing, the Washington court observed that the THRA “in general, addresses discrimination based on race, creed, color, religion, sex, gender or national origin,” but that “[t]he legislative history of Tenn. Code Ann. § 4-21-701 indicates that the supporters of the…”
Show all 36 citing cases →
— Tenn. Code Ann. § 4-21-701(1998) — 1 case
Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000). “In response to three questions certified to this Court from the United States District Court of the Middle District of Tennessee, we hold: that the elements of the civil claim of malicious harassment under Tenn. Code Ann. § 4-21-701 (1998) are derived from the criminal offense…”
— Tenn. Code Ann. § 4-21-701(a) — 2 cases
Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000). “In response to three questions certified to this Court from the United States District Court of the Middle District of Tennessee, we hold: that the elements of the civil claim of malicious harassment under Tenn. Code Ann. § 4-21-701 (1998) are derived from the criminal offense…”
Fromuth v. Metro. Gov't of Nashville, 158 F. Supp. 2d 787 (M.D. Tenn. 2001). “The civil cause of action for malicious harassment is defined in Tenn. Code Ann. § 4-21-701 . It reads as follows: *797 (a) There is hereby created a civil cause of action for malicious harassment.”
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