Tennessee § 20-13-102 - Actions against state prohibited.

§ 20-13-102. Actions against state prohibited.

No court in the state shall have any power, jurisdiction or authority to entertain any suit against the state, or against any officer of the state acting by authority of the state, with a view to reach the state, its treasury, funds or property, and all such suits shall be dismissed as to the state or such officers, on motion, plea or demurrer of the law officer of the state, or counsel employed for the state. No statutory or other provision authorizing the University of Tennessee and its board of trustees to sue and be sued shall constitute a waiver of sovereign immunity. Acts 1873, ch. 13, § 2; Shan., § 4507; Code 1932, § 8634; Acts 1977, ch. 170, § 1; T.C.A. (orig. ed.), § 20-1702. Cross-References. Sovereign immunity of state in comparative fault litigation, § 20-1-199 . s Personal service on the state or any agency thereof, Tenn. R. Civ. P. 4.04(8). Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 84. Tennessee Jurisprudence, 3 Tenn. Juris., Attachment and Garnishment, §§ 140, 144; 10 Tenn. Juris., Ejectment, § 12; 18 Tenn. Juris., Mandamus, §§ 13, 14, 25; 22 Tenn. Juris., State, §§ 13, 14. Law Reviews. Bivens-type Actions Under State Constitutions — Will Tennessee Give You a Remedy?, 30 U. Mem. L. Rev. 409 (2000). Claims Against States, 7 Vand. L. Rev. 234. Claims Against the State in Tennessee — The Board of Claims, 4 Vand. L. Rev. 875. Policing the Police: Clarifying the Test for Holding the Government Liable Under 42 U.S.C. § 1983 and the State-Created Danger Theory, 54 Vand. L. Rev. 165 (2001). Sovereign Immunity and the Tennessee Governmental Tort Liability Act (John C. Cook), 41 Tenn. L. Rev. 885. States — Suits Against State Officers, 15 Tenn. L. Rev. 253. Tort Liability of Public Officers in Tennessee, 21 Tenn. L. Rev. 306. Torts — Hurd v. Woolfork: The Public Duty Doctrine in Tennessee, 28 U. Mem. L. Rev. 1279 (1998). Trial, 4 Mem. St. U.L. Rev. 335. Attorney General Opinions. The Uniform Trade Secrets Act does not authorize an action for civil remedies against the state or state employees; the doctrine of sovereign immunity dictates that a lawsuit brought under the Uniform Trade Secrets Act against the state or a state employee would be barred, OAG 00-115 (6/27/00). Neither T.C.A. § 68-201-115 nor any other provision of the Tennessee Air Quality Act waives sovereign immunity by explicitly making state agencies subject to qualified local air pollution control programs. The Tennessee Air Pollution Control Board does not have the authority to waive the state’s sovereign immunity as that authority is reserved solely to the General Assembly. OAG 10-86, 2010 Tenn. AG LEXIS 92 (7/13/10).