Rickey W. Pendleton v. The Metropolitan Government of Nashville and Davidson County

Plaintiff seeks to recover from the Metropolitan Government of Nashville and Davidson County for injuries received when he was arrested by officers of the Nashville Metropolitan Police. In his complaint, Plaintiff asserts that the actions of the officers constituted an assault and battery, and further argues that the government is vicariously liable through respondeat superior. The trial court granted summary judgment in favor of the government after finding that a stand alone allegation of respondeat superior was insufficient to sustain a claim under the Tennessee Governmental Tort Liability Act for damages resulting from intentional torts. Rather, the court held that Plaintiff needed to plead a separate and distinct claim of negligence on the part of the Metropolitan Government. Plaintiff has appealed the ruling of the trial court. Because we find that the trial court correctly found that the GTLA requires a plaintiff to assert separate claims of negligence against governmental entities in cases arising from intentional torts, we affirm.