About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1989 Tennessee Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagtn0088 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 June 1989 89-91 CIVIL RIGHTS ACTIONS: Claims: Immunity: To the extent that the state has modified its sovereign immunity under T.C.A. §9-8-307, the state, rather than a participating municipality or county, has assumed liability for negligent acts committed by law enforcement officers assigned to a drug enforcement task iorce unit; local governmental entities, however, may be liable for certain constitutional violations of such law enforcement officers under §1983 of the Civil Rights Act (42 U.S.C. §1983); the extent of civil liability which may be imposed upon a local law enforcement unit is the same as that which may be imposed upon a local governmental entity; the drug enforcement task unit as an agency of the state is entitled to share in the state's sovereign immunity from suit; under state.law, officers of a drug task force unit, as state employees, are absolutely immune from liability for acts or omissions within the scope of their duties as members of the task force unit, extept for willful, malicious, or criminal acts or for arts or omissions done for personal gain; although such officers enjoy only a qualified immunity from liability for damages in personal actions brought under 42 U.S.C. §1983, they have substantial protection under state law from personal financial loss resulting from such actions and/or judgments against them. Tenn. Const. Art. I, 517; 42 U.S.C. §1983; T.C.A. SS8-42-101, -103; SS9-8-108, -112, -301 kt Agg., -307; S529-20-101 at zag., -205; 1984 Tenn. Pub. Acts 972, 1989 Tenn. Pub. Acts 63. 89-91 CLAIMS COMISSION: To the extent that the state has modified its sovereign immunity under T.C.A. §9-8-307, the state, rather than a participating municipality or county, has assumed liability for negligent acts committed by law enforcement officers assigned to a drug enforcement task force unit; local governmental

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most