Smith v. Tennessee National Guard
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Plaintiff’s claim brought against Defendant pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 to 4335 (USERRA), accrued prior to July 1, 2014 and remained barred by sovereign immunity.
In 2014, the General Assembly enacted a statute waiving Tennessee’s sovereign immunity for claims bought against the State pursuant to USERRA. The waiver of sovereign immunity became effective on July 1, 2014 and applied to USERRA claims accusing on or after that date. Relying on this newly enacted statute, Plaintiff brought a USERRA claim against Defendant, an entity of the State, based on facts that occurred prior to August 8, 2014. the trial court dismissed the claim, concluding that the claim remained barred by sovereign immunity because it accrued prior to July 1, 2014. The court of appeals reversed, concluding that Plaintiff’s cause of action accrued on July 1, 2014 when Plaintiff gained a judicial remedy by the enactment of the statute waiving sovereign immunity. The Supreme Court reversed, holding that Plaintiff’s claim accrued prior to July 1, 2014.
Court Description:
Authoring Judge: Justice Cornelia A. Clark
Trial Court Judge: Judge Thomas W. Brothers
In 2014, the General Assembly enacted a statute waiving Tennessee s sovereign immunity for claims brought against the State pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 to 4335 ( USERRA ). The waiver of sovereign immunity became effective on July 1, 2014, and applied to USERRA claims accruing on or after that date. After passage of the statute, the plaintiff brought a USERRA claim against the defendant, an entity of the State, but his claim was based on facts that occurred prior to August 8, 2011. The trial court dismissed the claim, explaining that the claim accrued prior to July 1, 2014, and remained barred by sovereign immunity. The Court of Appeals reversed, holding that the claim accrued on July 1, 2014, when the plaintiff gained a judicial remedy by the enactment of the statute waiving sovereign immunity. We conclude that the claim accrued prior to July 1, 2014, and remains barred by sovereign immunity. Accordingly, we reverse the judgment of the Court of Appeals and reinstate the judgment of the trial court.
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