By The Law Offices of John Day, P.C. on Oct 06, 2023 06:55 am
Where plaintiff filed suit against a county based on an alleged sexual assault by a county employee that occurred when minor plaintiff was detained at the county’s juvenile detention center, the trial court’s ruling that the county “retained immunity under the Governmental Tort Liability Act because the claims against the county arose out of civil rights claims” was affirmed. In Betty H. v. Williamson County, No. M2022-00300-COA-R3-CV (Tenn. Ct. App. Aug. 14, 2023), plaintiff filed suit asserting multiple claims against the county and county employees. Plaintiff alleged that while she was detained at the county’s juvenile detention center, a county employee sexually assaulted her two times. Plaintiff eventually voluntarily dismissed the claims against the county employees but moved forward with her claims against the county. After discovery, the county filed a motion for summary judgment based on several grounds. The trial court granted the motion, ruling that plaintiff’s claims arose out of civil rights claims and that the county therefore retained immunity under the GTLA. The trial court made additional findings as well, but the Court of Appeals affirmed summary judgment based solely on the immunity provided by the GTLA.
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