Tennessee Code Annotated
Tenn. Code Ann. § 41-21-806 (2026)
Claims subject to review by grievance committees
✓ current as of May 2026
- (a) An inmate who files a claim that is subject to review by the grievance committee established by the department shall file with the court an affidavit stating the date that the grievance was filed and the date the final decision was received by the inmate with a copy of the final decision from the grievance committee.
- (b) The court shall dismiss the claim if the inmate fails to file the claim before the thirty-first day after the date the inmate receives the final decision from the grievance committee.
- (c) If a claim is filed before the grievance procedure is complete, the court shall stay the proceeding with respect to the claim for a period not to exceed ninety (90) days to permit completion of the grievance procedure.
Acts 1996, ch. 913, § 1.
Notes of Decisions
Cited in 22
cases (5 in the last 5 years), 1999–2025 · leading case: Pendleton v. Mills, 73 S.W.3d 115 (Tenn. Ct. App. 2001).
Pendleton v. Mills, 73 S.W.3d 115 (Tenn. Ct. App. 2001). “By making this argument, the Attorney General ignores, or at least undertakes to circumvent, Tenn. Code Ann. § 41-21-806 (c) (1997) which gives a prisoner a ninety-day grace period after filing suit to exhaust whatever administrative remedies might be available.”
Hawkins v. Tennessee Dep't of Corr., 127 S.W.3d 749 (Tenn. Ct. App. 2002). “The statutes specifically refer to a system for resolving inmate grievances, requiring that the department maintain such a system, Tenn.Code Ann. § 41-21-817, and requiring that an inmate utilize such grievance system, where applicable, as a prerequisite to a lawsuit, Tenn.”
Jarvis Q. Williams v. Cherry Lindamood, Warden (Tenn. Ct. App. 2018). “As pertinent to this appeal, Section 41-21-806 provides as follows: (a) An inmate who files a claim that is subject to review by the grievance committee established by the department shall file with the court an affidavit stating the date that the grievance was filed and the…”
Ross v. Parrish (E.D. Tenn. 2023). “But while Plaintiff’s first motion for extension requesting a stay of this action to allow him to complete the grievance procedure relies on Tenn. Code Ann. § 41-21-806 , this statute does not apply in this action.”
Paul Farnsworth v. Richard Kenya (Tenn. Ct. App. 2001). “Farnsworth filed a motion claiming that the trial court could not grant a motion to dismiss until he was allowed discovery and seeking to withdraw his in forma pauperis application in an attempt to make the administrative requirements pursuant to section 41-21-806 of the…”
Montgomery v. Gibson (E.D. Tenn. 2025). “10–14)), so that Plaintiff may comply with Tenn. Code Ann. § 41-21-806 (a), which provides that “[a]n inmate who files a claim that is subject to review by the grievance committee .”
Willie Wash v. Corr. Corp. of Am. (Tenn. Ct. App. 2010). “See Tenn. Code Ann. § 41-21-806 (c). -4-”
Earl Vantrease v. CoreCivic (Tenn. Ct. App. 2019). “Vantrease filed a Uniform Civil Affidavit of Indigency, an affidavit pursuant to Tenn. Code Ann. § 41-21-805 , an affidavit pursuant to Tenn.”
Antonio Sweatt v. Donal Campbell (Tenn. Ct. App. 1999). “Tenn. Code Ann. § 41-21-806 (a) (1997). The trial court’s order granting dismissal states that, while Sweatt filed an affidavit for the intended purpose of satisfying section 41-21- 806(a), he failed to attach a copy of the grievance committee’s final decision.”
Orlando Fields v. Corr. Corp. of Am. (Tenn. Ct. App. 2012). “§ 41-21-805 , that decisions by a prison grievance boards are not reviewable under a common law writ of certiorari, and Petitioner failed to comply with Tenn. Code Ann. § 41-21-806 (b). The trial court dismissed the petition as to all respondents.”
Johnny McGowan v. Jimmy Farr II (Tenn. Ct. App. 2001). “Tenn. Code Ann. § 41-21-806 provides, in relevant part: -4- (a) An inmate who files a claim that is subject to review by the grievance committee established by the department shall file with the court an affidavit stating the date that the grievance was filed and the date the…”
Tolbert v. Parker (E.D. Tenn. 2021). “1-2, citing Tenn. Code Ann. § 41-21-806 ]. Additionally, grievance records attached to the complaint contain Plaintiff’s allegations that state officials have failed to protect him, denied him adequate medical treatment, denied him proper hygienic care, and failed to uphold…”
— Tenn. Code Ann. § 41-21-806(a) — 5 cases
Pendleton v. Mills, 73 S.W.3d 115 (Tenn. Ct. App. 2001). “By making this argument, the Attorney General ignores, or at least undertakes to circumvent, Tenn. Code Ann. § 41-21-806 (c) (1997) which gives a prisoner a ninety-day grace period after filing suit to exhaust whatever administrative remedies might be available.”
Paul Farnsworth v. Richard Kenya (Tenn. Ct. App. 2001). “Farnsworth filed a motion claiming that the trial court could not grant a motion to dismiss until he was allowed discovery and seeking to withdraw his in forma pauperis application in an attempt to make the administrative requirements pursuant to section 41-21-806 of the…”
Antonio Sweatt v. Donal Campbell (Tenn. Ct. App. 1999). “Tenn. Code Ann. § 41-21-806 (a) (1997). The trial court’s order granting dismissal states that, while Sweatt filed an affidavit for the intended purpose of satisfying section 41-21- 806(a), he failed to attach a copy of the grievance committee’s final decision.”
Willie Wash v. Corr. Corp. of Am. (Tenn. Ct. App. 2010). “See Tenn. Code Ann. § 41-21-806 (c). -4-”
Paul Farnsworth v. Billy Compton (Tenn. Ct. App. 1999).
— Tenn. Code Ann. § 41-21-806(b) — 3 cases
Jarvis Q. Williams v. Cherry Lindamood, Warden (Tenn. Ct. App. 2018). “As pertinent to this appeal, Section 41-21-806 provides as follows: (a) An inmate who files a claim that is subject to review by the grievance committee established by the department shall file with the court an affidavit stating the date that the grievance was filed and the…”
Willie Wash v. Corr. Corp. of Am. (Tenn. Ct. App. 2010). “See Tenn. Code Ann. § 41-21-806 (c). -4-”
Mohamed F. Ali v. Howard Carlton (Tenn. Ct. App. 2001).
— Tenn. Code Ann. § 41-21-806(c) — 1 case
Pendleton v. Mills, 73 S.W.3d 115 (Tenn. Ct. App. 2001). “By making this argument, the Attorney General ignores, or at least undertakes to circumvent, Tenn. Code Ann. § 41-21-806 (c) (1997) which gives a prisoner a ninety-day grace period after filing suit to exhaust whatever administrative remedies might be available.”
— Tenn. Code Ann. § 41-21-806(e) — 1 case
Pendleton v. Mills, 73 S.W.3d 115 (Tenn. Ct. App. 2001). “By making this argument, the Attorney General ignores, or at least undertakes to circumvent, Tenn. Code Ann. § 41-21-806 (c) (1997) which gives a prisoner a ninety-day grace period after filing suit to exhaust whatever administrative remedies might be available.”
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