Tennessee Code Annotated
Tenn. Code Ann. § 40-33-215 (2024)
Cause of action against seizing authority in cases of bad faith
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) A person who has property seized in accordance with this part shall have a cause of action against the seizing agency if the seizing officer acted in bad faith in seizing or failing to return property seized pursuant to this part.
- (b) A person who prevails in an action against a seizing agency pursuant to this section shall be entitled to:
- (1) Reasonable attorney fees and court costs necessarily incurred in seeking the return of the seized property and in bringing the action pursuant to this section; and
- (2) Monetary damages resulting from the improper seizure of the property.
- (c) Monetary damages recoverable under this section shall be limited to the rental value of property similar to that which was seized for the period of time it was seized but in no event shall the damages exceed the value of the seized property.
- (d) For the purposes of this section, a seizing officer "acts in bad faith" when the officer acts intentionally, dishonestly, or willfully or the officer's actions have no reasonable basis in law or fact in regards to the seizure or failure to return the property seized.
Acts 1998, ch. 1070, § 4; 1999, ch. 124, § 3.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 2002–2025 · leading case: Aegis Investigative Grp. v. Metro. Gov't of Nashville & Davidson Cnty., 98 S.W.3d 159 (Tenn. Ct. App. 2002).
Aegis Investigative Grp. v. Metro. Gov't of Nashville & Davidson Cnty., 98 S.W.3d 159 (Tenn. Ct. App. 2002). “The complaint filed by Aegis sought recovery both for unlawful seizure of the tracking device in violation of Tenn.Code Ann. § 40-33-215 and on a negligence theory under the Tennessee Governmental Tort Liability Act, Tenn.”
Watson v. Tennessee Dep't of Saf., 361 S.W.3d 549 (Tenn. Ct. App. 2011). “We agree with the trial court below that, had Watson prevailed in the forfeiture proceedings, he would have had a claim against the Department of Safety under Tennessee Code Annotated § 40-33-215 for the wrongful deprivation of his property.”
Gordon Groves v. City of Knoxville (Tenn. Ct. App. 2025). “Groves also contended that he should recover his costs and fees pursuant to the Tennessee Court of Appeals’ ruling in In re Heredia, wherein the court identified Tenn. Code Ann. § 40-33-215 as the exclusive statute for an award of attorney’s fees in forfeiture cases.”
Gilbert Heredia v. City of Knoxville (Tenn. Ct. App. 2025). “Thereafter, [the Department] filed a second motion to dismiss, wherein [the City] joined, and the Court entered an order on March 24, 2020 denying the Defendants’ motion because Plaintiffs’ claims pursuant to T.C.A. § 40-33-215 had “never been litigated.”
Michael Morton v. Knox Cnty. Sheriff's Dep't, No. E2017-02077-COA-R9-CV (Tenn. Ct. App. Feb. 15, 2019). “Tenn. Code Ann. § 40-33-215 (emphasis added).”
Charles D. Sprunger v. Cumberland Cnty., TN Sheriff's Off., No. E2016-02572-COA-R3-CV (Tenn. Ct. App. July 27, 2017). “The former homeowner filed a complaint against the sheriff’s office of Cumberland County alleging bad faith seizure and seeking damages as provided by Tenn. Code Ann. § 40-33-215 . The trial court granted the County’s motion for summary judgment because the record contained no…”
Abraham A. Augustin v. Bradley Cnty. Sheriff's Off., No. E2021-00345-COA-R3-CV (Tenn. Ct. App. Nov. 21, 2022). “Tenn. Code Ann. § 40-33-215 (emphasis added).”
Abraham Asley Augustin v. Bradley Cnty. Sheriff's Off., 598 S.W.3d 220 (Tenn. Ct. App. 2019). “We reverse, however, the dismissal of Appellant’s claim for damages related to a bad faith seizure under Tennessee Code Annotated section 40-33-215. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed in Part; Reversed in Part; and Remanded J.”
Donald M. Taylor v. City of Chattanooga, Police Dep't, No. E2004-00701-COA-R3-CV (Tenn. Ct. App. Jan. 13, 2005). “The City defends based upon either a three-year or one-year statute of limitations and because T.C.A. § 40-33-215 bars any action for an unlawful seizure unless bad faith can be shown.”
Tenn. Code Ann. § 40-33-215(a): 3 cases
Michael Morton v. Knox Cnty. Sheriff's Dep't, No. E2017-02077-COA-R9-CV (Tenn. Ct. App. Feb. 15, 2019). “Tenn. Code Ann. § 40-33-215 (emphasis added).”
Gordon Groves v. City of Knoxville (Tenn. Ct. App. 2025). “Groves also contended that he should recover his costs and fees pursuant to the Tennessee Court of Appeals’ ruling in In re Heredia, wherein the court identified Tenn. Code Ann. § 40-33-215 as the exclusive statute for an award of attorney’s fees in forfeiture cases.”
Gilbert Heredia v. City of Knoxville (Tenn. Ct. App. 2025). “Thereafter, [the Department] filed a second motion to dismiss, wherein [the City] joined, and the Court entered an order on March 24, 2020 denying the Defendants’ motion because Plaintiffs’ claims pursuant to T.C.A. § 40-33-215 had “never been litigated.”
Tenn. Code Ann. § 40-33-215(b): 1 case
Abraham A. Augustin v. Bradley Cnty. Sheriff's Off., No. E2021-00345-COA-R3-CV (Tenn. Ct. App. Nov. 21, 2022). “Tenn. Code Ann. § 40-33-215 (emphasis added).”
Tenn. Code Ann. § 40-33-215(b)(1): 2 cases
Gordon Groves v. City of Knoxville (Tenn. Ct. App. 2025). “Groves also contended that he should recover his costs and fees pursuant to the Tennessee Court of Appeals’ ruling in In re Heredia, wherein the court identified Tenn. Code Ann. § 40-33-215 as the exclusive statute for an award of attorney’s fees in forfeiture cases.”
Gilbert Heredia v. City of Knoxville (Tenn. Ct. App. 2025). “Thereafter, [the Department] filed a second motion to dismiss, wherein [the City] joined, and the Court entered an order on March 24, 2020 denying the Defendants’ motion because Plaintiffs’ claims pursuant to T.C.A. § 40-33-215 had “never been litigated.”
Tenn. Code Ann. § 40-33-215(c): 1 case
Abraham Asley Augustin v. Bradley Cnty. Sheriff's Off., 598 S.W.3d 220 (Tenn. Ct. App. 2019). “We reverse, however, the dismissal of Appellant’s claim for damages related to a bad faith seizure under Tennessee Code Annotated section 40-33-215. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed in Part; Reversed in Part; and Remanded J.”
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