Assigned on Briefs September 1, 2017
from the Circuit Court for Madison County No. C-16-282 Kyle
C. Atkins, Judge
passenger on a Jackson Transit Authority bus was arrested as
a result of an altercation with the driver; the arrest led to
the passenger's parole being revoked and his resulting
incarceration. The passenger brought suit, asserting claims
for slander and libel under the Tennessee Governmental Tort
Liability Act and Tennessee Public Protection Act against the
Transit Authority and certain of its employees, and the Mayor
and various employees of the City of Jackson. The trial court
granted summary judgment in favor of the defendants, and this
appeal followed. Upon our review, we have determined that the
complaint fails to allege causes of action under the
Governmental Tort Liability Act and the Public Protection
Act, and that the causes of action asserted against the
individual defendants are barred by the statute of
limitations. Accordingly, we affirm the judgment of the trial
court dismissing the case.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Cornell Poe, Whiteville, Tennessee, Pro Se.
Conder, Jr., Jackson, Tennessee, for the appellees, City of
Jackson Mayor, Jerry Gist; City of Jackson Personnel
Director, Lynn B. Henning; Jackson Transit Authority General
Manager, Travis Franklin; City Employee, Bus Driver, Lonell
Theus, Jr.; City of Jackson Chief of Police, Julian Wiser;
and Jackson Police Officer, Robert Beilke.
Richard H. Dinkins, J., delivered the opinion of the court,
in which D. Michael Swiney, C.J., and J. Steven Stafford,
P.J., W.S., joined.
MEMORANDUM OPINION 
RICHARD H. DINKINS, JUDGE
case arises from an incident that occurred on November 3,
2015, when Cornell Poe, while riding on a bus operated by the
Jackson Transit Authority ("JTA"), was involved in
an altercation with the driver of the bus, Lonell Theus, Jr.
As a result of this incident, Mr. Poe was arrested; his
parole was subsequently revoked, and he was incarcerated.
brought suit on November 7, 2016, against Jerry Gist, Mayor
of the City of Jackson; Lynn B. Henning, Personnel Director
for the City of Jackson; Mr. Theus; Julian Wiser, Police
Chief for the City of Jackson, and Robert Beilke, a police
officer for the City of Jackson (collectively referred to as
"the defendants"), asserting claims under the
Tennessee Governmental Tort Liability Act ("GTLA"),
Tennessee Code Annotated section 29-20-101, et seq., and the
Tennessee Public Protection Act ("TPPA"), Tennessee
Code Annotated section 50-1-304, for slander and libel. On
November 27, he amended the complaint to add JTA General
Manager, Travis Franklin, as a defendant.
course, the defendants filed a motion for summary judgment;
they supported this motion with a statement of undisputed
material facts, a memorandum of law, and two affidavits. As
bases for summary judgment, the defendants asserted that the
statute of limitations at Tennessee Code Annotated section
28-3-103 barred Mr. Poe's claim; that he failed to allege
facts to state a claim under the TPPA; that the allegation in
the complaint against Mr. Gist was untrue; that the complaint
contained no factual allegations against Mr. Wiser and Ms.
Henning; that JTA was immune from suit; and that the Parole
Board's finding of probable cause to revoke his parole
necessitated a finding that he was at fault in the
altercation and barred his claim.
set forth the following undisputed material facts:
1 .Mayor Gist is not Jackson Transit Authority's