Bill > SB1731

This bill expands the circumstances under which the state of Tennessee can appeal certain court decisions before a final judgment is reached, a process known as an "interlocutory appeal." Specifically, the state can now appeal if a circuit or chancery court issues an order that grants, continues, or changes an injunction (a court order that stops someone from doing something) against the state or a state official, or if the court denies a request to dissolve or change such an injunction. Furthermore, the state can appeal if a court denies the state or a state official the defense of "sovereign immunity" (the principle that a government cannot be sued without its consent) or "qualified immunity" (a defense for government officials that protects them from liability in civil lawsuits unless their conduct violates clearly established statutory or constitutional rights, and there was objective reason to know the conduct was unlawful). Finally, the state can appeal if a court denies a motion to dismiss a case filed by the state when the lawsuit challenges the constitutionality of a state law, an executive order, an administrative rule, or any other governmental action.