The Elephant Sanctuary in Tennessee lawsuit was an eleven-year dispute between Carol Buckley, who co-founded the Hohenwald sanctuary in 1995, and the sanctuary’s board, which forced her out in 2010. Filed in Lewis County Chancery Court as Buckley v. The Elephant Sanctuary in Tennessee, Inc., the case began as a wrongful-termination action and narrowed over years of litigation into a single question: who legally owned an Asian elephant named Tarra. In 2021, after two jury trials, a judicial recusal, and multiple appeals, the Tennessee Court of Appeals reinstated a jury verdict in Buckley’s favor, and the Tennessee Supreme Court declined further review.
Why Buckley Sued
Buckley had raised Tarra since 1974, when she purchased the elephant for $25,000 from a California tire store owner who had used her as a mascot. Two decades later, Buckley co-founded The Elephant Sanctuary with Scott Blais on 112 acres in Hohenwald, Tennessee. Tarra became the sanctuary’s first resident, and Buckley served as co-director and board member for fifteen years.1The Atavist Magazine. Sanctuary
Internal tensions grew after a 2006 workplace fatality and a 2009 tuberculosis outbreak that spread from a former circus elephant to at least eight sanctuary employees.2CDC. Mycobacterium tuberculosis Transmission From an Elephant to Humans Buckley later acknowledged she was an “uncompromising manager” who clashed with staff, and Blais came to believe her management style put the elephants at risk. After Blais threatened to resign in 2009, the board placed Buckley on involuntary leave that November and terminated her in March 2010. She lost her job, her home on sanctuary grounds, and access to Tarra.3Atlanta Magazine. In Her Battle to Be Reunited With the Elephant She Raised, Carol Buckley Built a World-Class Sanctuary in South Georgia
The Original Claims
Buckley filed suit on October 1, 2010, in the Chancery Court for Lewis County, Tennessee (Case No. 2010-CV-133). Her original complaint alleged retaliatory discharge, defamation, breach of contract, conversion, and violations of the Tennessee Personal Rights Protection Act. She sought $500,000 in punitive damages, reinstatement as president and board member, a permanent injunction against use of her name and likeness, and visitation rights to see Tarra during business hours.4Courthouse News Service. Elephant’s Friend Wants Her Job Back5vLex. Buckley v. Elephant Sanctuary in Tennessee
The sanctuary denied the allegations and counterclaimed for a declaratory judgment that Tarra belonged to the sanctuary and was “a part of the Sanctuary and its family of elephants.” Its response alleged that Buckley had created a hostile work environment, mistreated staff, and neglected worker safety during the TB outbreak.6West Virginia Gazette-Mail. Elephant Sanctuary Responds to Lawsuit Against It
How the Case Narrowed to Tarra’s Ownership
In August 2012, Buckley voluntarily dismissed her claims against individual defendants and dropped her breach of contract claim. In March 2014, she amended her complaint again, abandoning every remaining cause of action in favor of a single claim for declaratory judgment that she, not the sanctuary, owned Tarra.5vLex. Buckley v. Elephant Sanctuary in Tennessee The court granted the amendment, and what had begun as a wide-ranging wrongful-termination case became a single-issue ownership dispute.
Two Jury Trials
The ownership question went to trial in August 2018. The jury deadlocked.7FindLaw. Buckley v. Elephant Sanctuary in Tennessee, Inc. A retrial followed in April 2019.
During closing arguments at the retrial, Buckley’s attorney told jurors that the sanctuary did not pay property taxes because of its tax-exempt status and referenced approximately $30 million the organization had in the bank. The sanctuary objected. The trial court agreed the comment was both unsupported by evidence and factually incorrect, since the sanctuary did pay property taxes in Lewis County, and gave a specific curative instruction telling jurors to disregard the statement.7FindLaw. Buckley v. Elephant Sanctuary in Tennessee, Inc.
The judge then told the sanctuary’s lawyers that a mistrial motion would likely be granted if they wanted one. The sanctuary declined and proceeded with its closing rebuttal. On April 22, 2019, the jury returned a verdict for Buckley, declaring she owned Tarra and had the right to possess her.
The New-Trial Order and Recusal Fight
The sanctuary moved for a new trial, arguing the verdict went against the weight of the evidence and that the closing-argument comment was fatally prejudicial. On September 27, 2019, the trial court granted the motion without stating any reason.8Tennessee Courts. Carol Buckley v. The Elephant Sanctuary in Tennessee, Inc.
That silence mattered. Under Tennessee Rule of Civil Procedure 59.06, when a trial court grants a new trial without explaining why, the ruling is presumed to reflect the judge acting as a “thirteenth juror” weighing the evidence, and the losing party is entitled to have a different judge conduct the retrial. Buckley moved for a new judge and for recusal of Chancellor Deanna Bell Johnson. On May 18, 2020, Johnson denied recusal and, for the first time, said the new trial had actually been granted because of the “egregious” closing-argument comments rather than the weight of the evidence. She stated she had originally withheld the reason “out of respect” for Buckley’s attorney and because of media coverage.8Tennessee Courts. Carol Buckley v. The Elephant Sanctuary in Tennessee, Inc.
On July 14, 2020, the Tennessee Court of Appeals reversed the denial of recusal in Buckley I (No. M2020-00883-COA-T10B-CV). The panel found that the judge’s “sudden change of course,” offered only after Buckley invoked the rule requiring a new judge, created an appearance of bias and violated the Code of Judicial Conduct’s impartiality requirements. The case was remanded to a different judge.9Tennessee Courts. Carol Buckley v. The Elephant Sanctuary in Tennessee, Inc.
Reinstating the Verdict
Buckley also pursued an extraordinary appeal under Rule 10 challenging the new-trial order itself. On June 16, 2021, the Court of Appeals reversed it and reinstated the jury verdict (Buckley v. Elephant Sanctuary in Tennessee, Inc., 639 S.W.3d 38).
The decision rested on waiver. The sanctuary had turned down the trial court’s explicit offer of a mistrial, choosing instead to accept the curative instruction and continue with its own closing rebuttal. In its own new-trial motion, the sanctuary acknowledged it made that choice because it “thought that it was winning.” The appellate court called this “gamesmanship,” describing it as a gamble on a favorable verdict while holding a mistrial objection in reserve. The panel added that Tennessee law presumes juries follow curative instructions, and the single improper comment, addressed by both a specific instruction and a general one to disregard non-evidence statements, did not warrant undoing the verdict.7FindLaw. Buckley v. Elephant Sanctuary in Tennessee, Inc.
On October 18, 2021, the Tennessee Supreme Court denied the sanctuary’s application for permission to appeal, ending the litigation.10The Elephant Sanctuary in Tennessee. The Supreme Court of Tennessee Denies the Sanctuary’s Appeal for a Retrial in Custody Trial of Asian Elephant Tarra
What Happened to Tarra
Buckley petitioned for immediate possession, and on November 18, 2021, Tarra left Hohenwald after more than 25 years at the sanctuary.11The Elephant Sanctuary in Tennessee. Tarra She was transported to Elephant Refuge North America, an 850-acre facility in Attapulgus, Georgia, that Buckley had founded in 2016 through her nonprofit Elephant Aid International.12Tallahassee Democrat. Tarra Elephant Moved to Elephant Refuge North America Buckley cited Tarra’s osteomyelitis, a degenerative bone disease, and the need for a warmer climate that would allow her to stay outdoors on natural substrate year-round.13Elephant Aid International. Elephant Tarra
The Elephant Sanctuary described the departure as the closing of “Tarra’s chapter at The Sanctuary,” saying it had “sincerely hoped that Tarra would remain in Tennessee as a beloved member of our herd forever” but would honor the court’s decision.11The Elephant Sanctuary in Tennessee. Tarra Tarra celebrated her 51st birthday at the Georgia refuge on February 14, 2025, alongside two other elephants, Bo and Mundi.14WCTV. Tarra the Elephant Celebrates 51st Birthday