Tennessee Code Annotated
Tenn. Code Ann. § 8-8-303 (2024)
Waiver of governmental immunity - Special deputies
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) The governmental immunity of the county in which the sheriff serves is waived for purposes of § 8-8-302, but to an extent not in excess of the minimum amount required for a surety bond applicable to that county's sheriff pursuant to § 8-8-103. This cap, based on the amount required for a bond, shall apply regardless of whether the sheriff is covered by a surety bond or an insurance policy pursuant to § 8-19-101.
- (b) Anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy appointed by the sheriff, but not employed by the sheriff or the county, shall not bring suit therefor against the sheriff or the county, and the sheriff and county shall be immune from such suits, and the plaintiff shall be required to pursue the remedy therefor against such special deputy and/or the employer or employers of such special deputy, whether the special deputy is acting within the scope of employment or not. Such immunity from suit shall not apply in the case of special volunteer or reserve sheriff's deputies while performing official law enforcement duties under supervision or direction of the sheriff.
- (c) No person may serve as a special deputy unless such person proves to the appointing sheriff financial responsibility, as evidenced by a corporate surety bond in no less amount than fifty thousand dollars ($50,000) or by a liability insurance policy of the employer in no less amount than fifty thousand dollars ($50,000).
Amended by 2019 Tenn. Acts, ch. 260, s 2, eff. 4/30/2019.
Acts 1972, ch. 800, § 3; 1976, ch. 775, § 1; T.C.A., § 8-834.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1985–2023 · leading case: Jenkins v. Loudon Cnty., 736 S.W.2d 603 (Tenn. 1987).
Jenkins v. Loudon Cnty., 736 S.W.2d 603 (Tenn. 1987). “' "The ensuing section [T.C.A. § 8-8-303] waives the immunity of the county as to such suits but only to the extent of the amount of the sheriff's surety bond.”
Hensley v. Fowler, 920 S.W.2d 649 (Tenn. Ct. App. 1995). “Harbin was not a special deputy at all since T.C.A. § 8-8-303 set out above prohibits service in that capacity without the appropriate bond.”
Willis v. Barksdale, 625 F. Supp. 411 (W.D. Tenn. 1985). “Section 8-8-303(a) provides: The governmental immunity of the county in which the said sheriff serves is waived for purposes of Section 8-8-302, but to an extent not in excess of the surety bond executed for that county’s sheriff pursuant to Section 8-8-103.”
Lester Eugene Siler v. Charles Scott, 591 S.W.3d 84 (Tenn. Ct. App. 2019). “Maximum Liability of County under Tenn. Code Ann. § 8-8-303 Campbell County filed a pre-trial motion for partial summary judgment asking the trial court to determine its maximum potential liability under Tenn.”
Jenkins v. Loudon Cnty., 736 S.W.2d 599 (Tenn. 1987). “’ “The ensuing section [T.C.A. § 8-8-303] waives the immunity of the county as to such suits but only to the extent of the amount of the sheriff’s surety bond.”
Cordell v. Hamilton Cnty. Tennessee, No. 1:21-cv-00315 (E.D. Tenn. Oct. 4, 2023). “Tenn. Code Ann. § 8-8-302 . Section 8-8-303 waives sovereign immunity for counties for violations of § 8-8-302.”
Tawanna Currie v. Haywood Cnty., No. W2010-00453-COA-R3-CV, 2011 WL 826805 (Tenn. Ct. App. Mar. 10, 2011). “Whether Haywood county can be held liable for the actions of Deputy Rogers under Tenn. Code Ann. § 8-8-302 ; 4. Whether the trial court’s award of $50,000 in damages against Haywood County violates Tenn.”
Cheryl Merolla v. Wilson Cnty., No. M2018-00919-COA-R3-CV, 2019 WL 1934829 (Tenn. Ct. App. May 1, 2019). “Tennessee Code Annotated section 8-8-303 provides a waiver of sovereign immunity for claims raised pursuant to section 8-8-302.”
Keller v. Metro. Gov't of Nashville & Davidson Cnty., No. 3:21-cv-00377 (M.D. Tenn. May 4, 2022). “” Tenn. Code Ann. § 8-8-303 . Under the Sheriff’s Statute, a county may, for example, be liable for a deputy’s intentional assault committed when the officer is “acting by virtue of or under color of his office.”
William Ral Cross, Jr. v. Shelby Cnty., No. W2005-01231-COA-R3-CV, 2006 WL 1005168 (Tenn. Ct. App. Apr. 18, 2006). “Tenn. Code Ann. § 8-8-302 (2002). Section 302 waives the immunity of a county as to suits arising from the acts of a deputy sheriff “acting by virtue of or under color of the office.”
Clark v. Clawson, No. 3:20-cv-00230, 2021 WL 568017 (M.D. Tenn. Feb. 16, 2021). “And his § 8-8-303 claim cannot stand alone as an independent cause of action because that section merely “provides a waiver of sovereign immunity for claims raised pursuant to section 8-8-302.”
John Doe v. Randall Pedigo, No. E2002-01311-COA-R3-CV (Tenn. Ct. App. Feb. 12, 2003). “T.C.A. 8-8-303 (a) The governmental immunity of the county in which the sheriff serves is waived for purposes of § 8-8-302, but to an extent not in excess of the amount of the surety bond executed for that county's sheriff pursuant to § 8-8-103.”
Tenn. Code Ann. § 8-8-303(a): 1 case
Willis v. Barksdale, 625 F. Supp. 411 (W.D. Tenn. 1985). “Section 8-8-303(a) provides: The governmental immunity of the county in which the said sheriff serves is waived for purposes of Section 8-8-302, but to an extent not in excess of the surety bond executed for that county’s sheriff pursuant to Section 8-8-103.”
Tenn. Code Ann. § 8-8-303(b): 1 case
Hensley v. Fowler, 920 S.W.2d 649 (Tenn. Ct. App. 1995). “Harbin was not a special deputy at all since T.C.A. § 8-8-303 set out above prohibits service in that capacity without the appropriate bond.”
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