Paul Shell v. State Tennessee

Paul Shell, Betty Stimpson and Jeff Stimpson appeal from the Court of Appeals affirmance of the dismissal by the Tennessee Claims Commission of their action against the State of Tennessee for negligent deprivation of a constitutional right. The appellants lawsuit is based on alleged prosecutorial misconduct in the investigation of reports of child sexual abuse in a day care center; this investigation ultimately led to the indictment and prosecution of the appellants for multiple sexual offenses. This appeal presents two issues for our review: (1) whether the appellants action, which was filed in October 1989, was viable at that time in light of the legislatures repeal in May 1989 of the language in Tenn. Code Ann. § 9-8-307(a)(1)(N) authorizing suits against the State for the negligent deprivation of constitutional rights; and (2) assuming that a cause of action for the negligent deprivation of constitutional rights did exist at the time this action was filed, whether the statutory period of limitations on the action had expired when the appellants filed their action in October 1989.