Tennessee § 29-20-201 - General rule of immunity from suit — Exception.

§ 29-20-201. General rule of immunity from suit — Exception.

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. 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. 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. When immunity is removed by this chapter any claim for damages must be brought in strict compliance with the terms of this chapter. Notwithstanding this chapter or any other law to the contrary, a governmental entity that places and properly maintains a clearly visible and adequate flood warning sign or barricade at a flooded road area shall be immune from suit for any injury resulting from a violation of § 55-10-205(c). The immunity from suit shall be removed when the governmental entity's conduct amounts to willful, wanton, or gross negligence. It shall be deemed gross negligence if an authorized government employee signaled the motor vehicle operator that it was safe to drive past the sign or barricade and the operator or any passengers in the operator's motor vehicle were injured or killed in the flooded road area due to the employee's signaling the motor vehicle to drive past the sign or barricade. Acts 1973, ch. 345, § 3; T.C.A., § 23-3307; Acts 1986, ch. 726, §§ 1, 2; 2008, ch. 986, § 2. Compiler's Notes. Acts 2008, ch 986, § 3 provided that the act, which added (d), shall apply to all offenses committed on or after July 1, 2008. Cross-References. Private company volunteer fire squads, liability under this part, § 63-6-218 . Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 8; 17 Tenn. Juris., Libel and Slander, § 16; 19 Tenn. Juris., Municipal Corporations, §§ 65, 78. Law Reviews. Civil Procedure — Flowers v. Dyer County: The Death of the Motion to Dismiss for Lack of Subject Matter Jurisdiction, 23 Mem. St. U.L. Rev. 409 (1993). Methods of Judicial Review over Administrative Actions in Tennessee, 13 Mem. St. U.L. Rev. 657 (1984). 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). Tennessee's Criminal Injuries Compensation Act, 7 Mem. St. U.L. Rev. 241. Torts — Chase v. City of Memphis: The Tennessee Governmental Tort Liability Act Meets the Special Duty Doctrine, 29 U. Mem. L. Rev. 507 (1999). Torts — Matthews v. Pickett County: The Public Duty Doctrine and Its Special Duty Exception in the Face of the Governmental Tort Liabilities Act, 30 U. Mem. L. Rev. 457 (2000). Attorney General Opinions. Liability for housing inmates, OAG 86-44 (2/26/86). Immunity of members of Private Industry Councils and officers and directors of Growth Enterprise Nashville, Inc., OAG 87-102 (6/15/87). Liability for death or injuries arising from the performance of community service work imposed as a condition of parole, OAG 87-121 (7/23/87). Liability of soil conservation districts and district supervisors, OAG 87-131 (8/4/87). Liability of Smithville Housing Authority, OAG 89-62 (4/24/89). Liability of community service agencies and their boards, OAG 97-092 (6/26/97).