Where plaintiff’s Tennessee GTLA claims all related to the allegation that airport officers used excessive force when interacting with and eventually detaining him, defendant airport authority “retained immunity under the civil rights exception in [Tenn. Code Ann.] § 29-20-205(2).” In Nichols v. Metropolitan Nashville Airport Authority, No. M2020-00593-COA-R3-CV (Tenn. Ct. App. April 15, 2021), plaintiff was asked to leave the Nashville airport by airport police officers. While the officers were escorting plaintiff to the exit, they “attempted an ‘arm bar’ restraint,” which led to plaintiff falling and sustaining facial injuries.
Plaintiff filed this suit under the GTLA, asserting claims against the airport authority for “(1) negligence; (2) negligent infliction of emotional distress; and (3) negligent hiring, training, supervision, and retention.” Defendant filed a motion to dismiss, arguing that this claim arose out of civil rights and that immunity was therefore retained under the GTLA. Although the trial court initially denied the motion, it granted the motion after the opinion in Cochran v. Town of Jonesborough, 586 S.W.3d 909 (Tenn. Ct. App. 2019), was designated for publication. On appeal, dismissal was affirmed.