David G. Young v. City of Lafollette
479 S.W.3d 785
Tenn.2015Background
- David Young was LaFollette's city administrator (2005–2009); after allegations of sexual harassment, he was suspended and then terminated in 2009.
- Young sued the City and officials in circuit court, later amending to add a TPPA (Tenn. Code Ann. § 50-1-304) retaliatory-discharge claim.
- The City argued the Governmental Tort Liability Act (GTLA) required TPPA claims against governmental entities to be tried without a jury; the trial court denied the City’s motion to strike Young’s jury demand.
- The Court of Appeals held the GTLA applied and reversed, prompting Young’s Tenn. R. App. P. 11 appeal.
- The Tennessee Supreme Court granted review to decide (1) whether the GTLA governs TPPA claims against governmental entities and (2) whether a TPPA plaintiff in circuit court has a right to a jury trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the GTLA apply to TPPA claims against governmental entities? | Young: TPPA is an independent statutory remedy that removes immunity and is not governed by the GTLA. | City: GTLA governs claims against governmental entities and its procedural rules (including no-jury) apply to TPPA suits. | The GTLA does not govern TPPA claims; TPPA is an independent statutory scheme removing immunity separate from the GTLA. |
| If GTLA does not apply, is there a constitutional right to jury trial for TPPA claims in circuit court? | Young: Article I, § 6 of the Tennessee Constitution guarantees a jury trial. | City: No constitutional right exists because TPPA is a statutory cause of action created after 1796. | No—no constitutional right to jury trial; TPPA did not exist at common law in 1796. |
| If no constitutional right, is there a statutory right to jury trial for TPPA claims filed in circuit court? | Young: There is a statutory right to jury trial (argued by analogy to statutes affording juries). | City: No comparable statutory provision grants jury trials for TPPA claims in circuit court. | No—no statutory right to jury trial in circuit court for TPPA claims; the statute affording juries in chancery (§21-1-103) has no parallel for circuit court. |
| Procedural consequence: Where may TPPA suits be filed and tried? | Young: TPPA being independent allows chancery or circuit forum; jury rules follow applicable statutes. | City: GTLA§29-20-307 forces GTLA claims to circuit court and non-jury. | Because TPPA is independent of the GTLA, GTLA forum/jury restrictions do not control; nevertheless, no statutory jury right exists in circuit court for TPPA claims. |
Key Cases Cited
- Sneed v. City of Red Bank, 459 S.W.3d 17 (Tenn. 2014) (GTLA does not govern statutory schemes that independently remove governmental immunity)
- Cruse v. City of Columbia, 922 S.W.2d 492 (Tenn. 1996) (discusses independent bodies of law outside GTLA)
- Chism v. Mid-South Milling Co., 762 S.W.2d 552 (Tenn. 1988) (recognition of common-law retaliatory-discharge tort)
- Helms v. Tenn. Dep’t of Safety, 987 S.W.2d 545 (Tenn. 1999) (constitutional jury right limited to causes existing at common law in 1796)
- Lucius v. City of Memphis, 925 S.W.2d 522 (Tenn. 1996) (sovereign immunity principles and legislative control over suits against government)