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The Tennessee Wildlife Resources Agency (TWRA) has filed for the dismissal of a whistleblower lawsuit filed by a former employee against the State of Tennessee, TWRA and TWRA Executive Director, Jason Maxedon.
The Motion to Dismiss was filed Oct. 10 and says, "Defendants deny that they violated Tenn. Code Annotated 50-1-304 and 8-50-116. Nevertheless, Plaintiff’s claims as alleged are due to be dismissed.... Plaintiff’s claims that Defendants have violated state law are barred by sovereign immunity."
Sovereign immunity is a legal doctrine whereby a government entity cannot commit a legal wrong and is immune from civil suit or criminal prosecution.
TCA 50-1-304 states, "No employee shall be discharged or terminated solely for refusing to participate in, or for refusing to remain silent about, illegal activities."
TCA 8-50-116 states, "State employees shall be encouraged to report verbally or in writing to their supervisor, department head, or other appropriate authority or entity, evidence of activity by a state agency or state employee or state contractor constituting violations of state or federal law or regulations, fraud in the operations of government programs, misappropriation of state or federal resources, acts which endanger the health or safety of the public or employees, and mismanagement of programs, funds, or abuses of authority."
James Kelly, the former head of TWRA's Deer Management Program Head and Chair of the agency's CWD Deer Management was fired by...
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