Amends TCA Title 29 and Title 38, Chapter 8.

This bill creates a civil right of action by an injured party against a sheriff, sheriff's deputy, deputy jailer, or police officer employed, commissioned, or appointed by a municipality or political subdivision of this state (together, "officer") who, under color of law, subjects, or causes to be subjected, another person to the deprivation of an individual right secured by the Tennessee Constitution. This bill authorizes the injured party to seek legal, equitable, and other appropriate relief. However, such a civil action must be brought within two years after the date on which the injury occurred.<br /> <br /> This bill provides that statutory immunities and limitations on liability, damages, or attorney fees do not apply to a claim brought pursuant to this bill. Further, the Tennessee Governmental Tort Liability Act and provisions of present law concerning awards of civil and punitive damages do not apply to a claim brought under this bill. Qualified immunity is also not a defense to liability in such a civil action.<br /> <br /> This bill requires that in an action brought pursuant to this bill, the court must award reasonable attorney's fees and court costs to a plaintiff who prevails. In actions for injunctive relief, the court must deem a plaintiff to have prevailed if the plaintiff's suit was a substantial factor or significant catalyst in obtaining the results sought by the litigation. When a judgement is entered in favor of the defendant, the court is authorized to award reasonable attorneys fees and court costs to the defendant for a claim the court finds frivolous. <br /> <br /> This bill requires an officer's employer to indemnify the officer for liability incurred by the officer and for any judgment or settlement entered against the officer for claims arising pursuant to a claim brought under this bill, unless the employer determines that the officer did not act upon a good faith and reasonable belief that the action was lawful, in which case the officer is personally liable. However, if the officer's portion of the judgment is uncollectible from the officer, then the employer is responsible for the full amount of the judgment.<br />