TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY v. DAVID SHELL - Articles

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TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY v. DAVID SHELL

Posted by: Karen Belcher on May 4, 2022

Court: TN Court of Appeals

Attorneys 1: Herbert S. Moncier, Knoxville, Tennessee, for the appellant, David Shell.

Attorneys 2: Herbert H. Slatery, III, Attorney General and Reporter; Andrée Sophia Blumstein, Solicitor General; Rob Mitchell, Senior Assistant Attorney General, for the appellee, Tennessee Department of Safety and Homeland Security.

Judge(s): STAFFORD

Following the return of his seized property under the forfeiture statutes, claimant asked the administrative law judge to award him attorney’s fees under two separate statutes, Tennessee Code Annotated section 4-5-325(a) and 42 U.S.C. § 1988(b). The administrative law judge awarded fees under only the former statute. Upon review by the chancery court, the decision to award fees under section 4-5-325(a) was reversed; the chancery court also ruled that claimant’s request for fees under the federal statute was waived or abandoned. We affirm the trial court’s conclusion that claimant is not entitled to fees under section 4- 5-325(a). We remand to the trial court for consideration of the previously pretermitted claim for attorney’s fees under section 1988(b).

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