Tennessee Code Annotated
Tenn. Code Ann. § 41-21-802 (2026)
Applicability
✓ current as of May 2026
This part applies only to a claim brought by an inmate in general sessions or a trial level court of record in which an affidavit of inability to pay costs is filed with the claim by the inmate.
Acts 1996, ch. 913, § 1.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1999–2021 · leading case: Sweatt v. Tennessee Dep't of Corr., 99 S.W.3d 112 (Tenn. Ct. App. 2002).
Sweatt v. Tennessee Dep't of Corr., 99 S.W.3d 112 (Tenn. Ct. App. 2002). “" Tenn.Code Ann. § 41-21-802. [1996 Pub. Acts, chapter 913, § 1, eff.”
Sandy Eugene Womack v. Corr. Corp. Of Am. D/B/A Whiteville Corr. Facility, 448 S.W.3d 362 (Tenn. 2014). “” Tenn.Code Ann. § 41-21-802(2014). If an inmate files a claim with an affidavit of inability to pay costs, the inmate must also file an affidavit listing “every lawsuit or claim previously filed by the inmate,” TenmCode Ann.”
Reginald Dion Hughes v. Tennessee Bd. of Prob. & Parole, 514 S.W.3d 707 (2017). “”7 Tenn. Code Ann. § 41-21-802 . A claim is defined as “any lawsuit or appeal filed by an inmate except a petition for post-conviction relief.”
State of Tennessee v. Jaxie Raymond Jones (Tenn. Crim. App. 2002). “” However, before the sanctions authorized by these statutes can be imposed, a “lawsuit” must meet the applicable requirements of Tennessee Code Annotated section 41-21-802, which provides in total as follows: -5- 41-21-802.”
Michael Settle v. State of Tennessee (Tenn. Crim. App. 2005). “” Tenn. Code Ann. § 41-21-802 (2003) (emphasis added).”
Andre Dotson v. Contemporary Media, Inc., d/b/a The Memphis Flyer, & John Branston (Tenn. Ct. App. 2012). “In that scenario, the provisions of § 41-21-812 cannot be the basis for dismissal of his lawsuit because the Act was not triggered pursuant to Tennessee Code Annotated Section 41-21-802, supra. This question hinges upon whether Mr.”
Andre L. Dotson v. City of Memphis (Tenn. Ct. App. 2006). “” See T.C.A. § 41-21-802 (2003). Dotson initially filed a sworn affidavit of indigence when he filed his claim.”
James E. Swiggett v. Carl R. Ogle, Jr., & J. Michael Kerr (Tenn. Ct. App. 2001). “T.C.A. §41-21-802 provides that these statutes apply “to a claim brought by an inmate in general sessions or trial level courts of record in which an affidavit of inability to pay costs is filed with the claim by the inmate.”
Reginald Dion Hughes v. Tennessee Bd. of Prob. & Parole (Dissent) (2017). “Key parts of the act are summarized below. An inmate who files a claim with an affidavit of inability to pay costs must also file a separate affidavit listing every lawsuit or claim previously filed by the inmate (without regard to whether the inmate was incarcerated when the…”
Martin E. Hughes v. Tennessee Dep't of Corr. (2017). “2002) (quoting Tenn. Code Ann. § 41-21-802 ). 3 Annotated § 41-21-807; (2) unclean hands; (3) lack of jurisdiction over the grievance- related claims and improper venue; and (4) failure to state a claim upon which relief could be granted.”
Daryl K. Burford v. Tennessee Dep't of Corr. (2021). “See Tenn. Code Ann. § 41-21-802 (2019) (“This part applies only to a claim brought by an inmate in general sessions or a trial level court of record in which an affidavit of inability to pay costs is filed with the claim by the inmate.”
Michael Mosby v. Roland Colson (Tenn. Ct. App. 2006). “If an inmate files a claim with an accompanying affidavit expressing the inability to pay costs, then he or she also must file a separate affidavit setting forth “[a] complete list of every lawsuit or claim previously filed by the inmate,” to include “[t]he final result of the…”
— Tenn. Code Ann. § 41-21-802(2014) — 1 case
Sandy Eugene Womack v. Corr. Corp. Of Am. D/B/A Whiteville Corr. Facility, 448 S.W.3d 362 (Tenn. 2014). “” Tenn.Code Ann. § 41-21-802(2014). If an inmate files a claim with an affidavit of inability to pay costs, the inmate must also file an affidavit listing “every lawsuit or claim previously filed by the inmate,” TenmCode Ann.”
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