By The Law Offices of John Day, P.C. on Mar 03, 2023 05:57 am
Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. In Anderson v. Lauderdale County, Tennessee, No. W2022-00332-COA-R3-CV (Tenn. Ct. App. Feb. 21, 2023), plaintiff was pulled over by a sheriff’s deputy employed by defendant county. According to plaintiff, the deputy pointed a gun at plaintiff, chased him and called for backup when plaintiff tried to drive away, eventually tased plaintiff, and made false statements about plaintiff, causing him to be wrongfully charged with multiple crimes. Plaintiff further asserted that “a grand jury returned an indictment against [the deputy].” Plaintiff filed this complaint against the deputy and defendant county more than one year after the incident, asserting that the county was liable for the deputy’s actions under Tenn. Code Ann. § 8-8-302 and -303. Plaintiff’s initial complaint listed several intentional torts, but his amended complaint removed the referral to any specific torts and instead alleged liability more generally. After plaintiff voluntarily dismissed the deputy, defendant county filed a motion to dismiss pursuant to the statute of limitations, which the trial court granted upon determining that a one-year statute of limitations applied. Dismissal was affirmed on appeal. Continue reading
Read in browser »
Recent Articles:
| 