Tennessee Code Annotated
Tenn. Code Ann. § 41-1-104 (2024)
Warden - Duties
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) The warden has the charge and custody of the penitentiary, with the land, buildings, tools, implements and every other species of property within the precincts of the penitentiary, or appertaining to the penitentiary, under the direction and control of the commissioner of correction.
- (b) The custody, welfare, conduct and safekeeping of the inmates shall be the responsibility of the warden, who will examine into the affairs of the institution daily to assure that proper standards are maintained.
Code 1858, §§ 5466, 5467; Shan., §§ 7486, 7487; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12081, 12082; impl. am. Acts 1955, ch. 102, § 1; Acts 1972, ch. 576, § 2; Acts 1980, ch. 755, § 3; T.C.A. (orig. ed.), §§ 41-104 -- 41-106; Acts 1990, ch. 942, § 2.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 2002–2023 · leading case: Hawkins v. Tennessee Dep't of Corr., 127 S.W.3d 749 (Tenn. Ct. App. 2002).
Hawkins v. Tennessee Dep't of Corr., 127 S.W.3d 749 (Tenn. Ct. App. 2002). “See Tenn.Code Ann. §§ 41-1-101,-201,-702. In addition, the warden is given charge and custody of the prison, as well as responsibility for the custody, welfare, conduct and safekeeping of the prisoners therein.”
Est. of Kelly Joe Morgan Lynn v. State of Tennessee, No. W2017-00806-COA-R3-CV (Tenn. Ct. App. Jan. 9, 2018). “” Tenn. Code Ann. § 41-1-104 (b). In support, Claimant points to prison policies effective at the time of the events in this case requiring wardens to transfer ill inmates for medical treatment or release the inmates.”
State of Tennessee Dep't of Corr. v. George Todd, No. M2016-02038-COA-R3-CV (Tenn. Ct. App. Mar. 31, 2017). “See Tenn. Code Ann. §§ 41-1-104 (b), -204 (giving TDOC the responsibility for the “welfare, conduct and safekeeping of the inmates” in its custody, including the obligation to provide inmates with medical services).”
Adams v. Lewis, No. 1:22-cv-00125 (E.D. Tenn. July 20, 2022). “See Tenn. Code Ann. § 41-1-104 (b) (“The custody, welfare, conduct and safekeeping of the inmates shall be the responsibility of the warden, who will examine into the affairs of the institution daily to assure that proper standards are maintained.”
Jones v. State of Tennessee, No. 3:23-cv-00009 (E.D. Tenn. July 6, 2023). “See Tenn. Code Ann § 41-1-104(b) (“The custody, welfare, conduct and safekeeping of the inmates shall be the responsibility of the warden, who will examine into the affairs of the institution daily to assure that proper standards are maintained.”
Sales v. Dillon, No. 3:23-cv-00039 (M.D. Tenn. May 15, 2023). “1992)); see also Tenn. Code Ann. §§ 41-1-104 (b), 41-21-201 (assigning to the warden of a state penitentiary various duties and responsibilities to inmates).”
Barton Hawkins v. Dept of Corr., No. M2001-00473-COA-R3-CV (Tenn. Ct. App. July 25, 2002). “Tenn. Code Ann. §§ 41-1-104 and 41-21-201.”
Tenn. Code Ann. § 41-1-104(b): 2 cases
Est. of Kelly Joe Morgan Lynn v. State of Tennessee, No. W2017-00806-COA-R3-CV (Tenn. Ct. App. Jan. 9, 2018). “” Tenn. Code Ann. § 41-1-104 (b). In support, Claimant points to prison policies effective at the time of the events in this case requiring wardens to transfer ill inmates for medical treatment or release the inmates.”
Jones v. State of Tennessee, No. 3:23-cv-00009 (E.D. Tenn. July 6, 2023). “See Tenn. Code Ann § 41-1-104(b) (“The custody, welfare, conduct and safekeeping of the inmates shall be the responsibility of the warden, who will examine into the affairs of the institution daily to assure that proper standards are maintained.”
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