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Analysis: I am working on several blog posts to try to
update everyone on important Tennessee Legislative changes that came out of the
2014 Tennessee Legislative session.
These posts will touch on various topics and will be published over the
next few months. One change from the
recent session is the removal of sovereign immunity for Tennessee governmental
entities for claims against those entities under the Uniformed Services
Employment and Reemployment Rights Act of 1994 (“USERRA”). The Uniformed Services Employment and
Reemployment Rights Act is found in 38 USC §§ 4301-4334. Basically, this federal legislation
strengthens military veteran’s reemployment rights when they are required to serve
in a war. This has always been an
important principle to protect in America and has been protected by numerous
statutes over the years. Basically,
soldiers who fight in wars for this country should not lose their jobs because they
had to fight in a war.
Under Tennessee law, however, governmental
entities are provided with sovereign immunity under many circumstances. Specifically, T.C.A.
§ 29-20-201(a) is one of the statutes (there are others) that addresses
sovereign immunity and provides as follows:
(a) Except as may be otherwise provided in this chapter, all governmental
entities shall be immune from suit for any injury which may result from the
activities of such governmental entities wherein such governmental entities are
engaged in the exercise and discharge of any of their functions, governmental
or proprietary.
(b)(1) The general assembly finds and declares that the services of
governmental entity boards, commissions, authorities and other governing
agencies are critical to the efficient conduct and management of the public
affairs of the citizens of this state. Complete and absolute immunity is
required for the free exercise and discharge of the duties of such boards,
commissions, authorities and other governing agencies. Members of boards, commissions,
authorities, and other governing agencies must be permitted to operate without
concern for the possibility of litigation arising from the faithful discharge
of their duties.
(2) All members of boards, commissions, agencies, authorities, and other
governing bodies of any governmental entity, created by public or private act,
whether compensated or not, shall be immune from suit arising from the conduct
of the affairs of such board, commission, agency, authority, or other governing
body. Such immunity from suit shall be removed when such conduct amounts to
willful, wanton, or gross negligence.
In 2014, the Tennessee Legislature adopted
Public Chapter No. 574
which amended Tennessee law to add T.C.A. § 29-20-208 as follows:
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.
As a result, for claims that accrue after
July 1, 2014, USERRA claims can be brought against Tennessee Governmental
entities. Sovereign Immunity that is
inherent to Tennessee governmental entities (unless voluntarily removed by the
Tennessee legislature) will no longer protect Tennessee government entities
from lawsuits under the USERRA. This is
a good change in the law that further protects soldiers who are sent to fight
for our freedoms and they should not be penalized for volunteering for this
service.
Follow me on Twitter at @jasonalee for updates from the Tennessee Defense Litigation blog.
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