The TGTLA specifically preserves immunity from claims arising out of "false imprisonment pursuant to a mittimus from a court." Tenn. Code Ann. ยง 29โ20โ205(2) ; Chalmers v. Clemons , 359 F.Supp.2d 700, 703 (W.D. Tenn. 2005). The government does not retain sovereign immunity for injuries arising out of any and all false imprisonments, only those arising pursuant to a mittimus from a court.
This end result conforms with other cases that have held that a plaintiff is not required to plead a municipality's waiver of immunity in the complaint in order to comply with the notice requirements of GTLA. See Chalmers v. Clemons, 359 F. Supp. 2d 700, 702-03 (W.D. Tenn. 2005) (holding that pleading of waiver not required). Therefore, taking into consideration the established precedent of not dismissing state tort claims against the City for failure to plead the City's waiver under GTLA, the court grants, under Federal Rule of Civil Procedure 15, the Uhurus leave to amend their complaint within ten (10) days of the entry of this order to comply with the jurisdictional requirement, if necessary.
Another decision by the same court held that a plaintiff was not required to plead the City's waiver of immunity in the complaint. Chalmers v. Clemons, 359 F.Supp.2d 700, 703 (W.D. Tenn. 2005).Jones v. Yancy, 2010 WL 625392 (W.D. Tenn. Feb. 17, 2010).
However, with respect to the false imprisonment claim, there is no indication that Mrs. Milligan was imprisoned pursuant to a mittimus from a court, and, thus, the retention of immunity contained in Section 29-20-205(2) does not apply. Chalmers v. Clemons, 359 F.Supp.2d 700, 703 (W.D.Tenn. 2005) ("The GTLA specifies that the City retains immunity solely from suits for injuries arising out of false imprisonment pursuant to a mittimus from a court. 'The City does not retain sovereign immunity under ยง 29-20-205(2)[for] injuries arising out of any and all false imprisonments. There is only immunity from suit for injuries arising out of false imprisonment pursuant to a mittimus from a court.'"); Elmore v. Cruz, No. E2001-03136-COA-R3-CV, 2003 WL 239169, at *3-4, 2003 Tenn.App. LEXIS 85, at *10-11 (Tenn.Ct.App. Feb. 4, 2003) (noting that governmental entities only retain immunity under GTLA for suits arising from false imprisonment pursuant to a mittimus, and not for all claims of false imprisonment).
The removal of sovereign immunity has been held to include claims of common law battery. Chalmers v. Clemons, 359 F.Supp.2d 700, 703 (W.D. Tenn. 2005). The sole exception to this proposition is for claims of medical malpractice brought against a health care practitioner.