2010 Tennessee Code
Title 40 - Criminal Procedure
Chapter 33 - Forfeitures
Part 2 - Forfeiture Procedures Generally
40-33-215 - Cause of action against seizing authority in cases of bad faith.

40-33-215. Cause of action against seizing authority in cases of bad faith.

(a)  A person who has property seized in accordance with the provisions of this part shall have a cause of action against the seizing agency if the seizing officer acted in bad faith in seizing or failing to return property seized pursuant to this part.

(b)  A person who prevails in an action against a seizing agency pursuant to this section shall be entitled to:

     (1)  Reasonable attorney fees and court costs necessarily incurred in seeking the return of the seized property and in bringing the action pursuant to this section; and

     (2)  Monetary damages resulting from the improper seizure of the property.

(c)  Monetary damages recoverable under this section shall be limited to the rental value of property similar to that which was seized for the period of time it was seized but in no event shall the damages exceed the value of the seized property.

(d)  For the purposes of this section, a seizing officer “acts in bad faith” when the officer acts intentionally, dishonestly, or willfully or the officer's actions have no reasonable basis in law or fact in regards to the seizure or failure to return the property seized.

[Acts 1998, ch. 1070, § 4; 1999, ch. 124, § 3.]