Tennessee Code Annotated

Tenn. Code Ann. § 41-21-812 (2026)

Filing of subsequent lawsuits not permitted until expenses paid - Injunctive relief

✓ current as of May 2026

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(a) Except as provided by subsection (b), on notice of assessment of any fees, taxes, costs and expenses under this part, a clerk of a court may not accept for filing another claim by the same inmate until prior fees, taxes, costs and other expenses are paid in full.

(b) A court may allow an inmate who has not paid any costs or expenses assessed against the inmate to file a claim for injunctive relief seeking to enjoin an act or failure to act that creates a substantial threat of irreparable injury or serious physical harm to the inmate.

Acts 1996, ch. 913, § 1.

Notes of Decisions

Cited in 31 cases (4 in the last 5 years), 2000–2022 · leading case: Sweatt v. Tennessee Dep't of Corr., 99 S.W.3d 112 (Tenn. Ct. App. 2002).

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Sweatt v. Tennessee Dep't of Corr., 99 S.W.3d 112 (Tenn. Ct. App. 2002). · cites it 10× “Tenn.Code Ann. § 41-21-812 bars court clerks from filing any claims by inmates who have not paid the costs remaining from prior cases: (a) Except as provided by subsection (b), on notice of assessment of any fees, taxes, costs and expenses under this part, a clerk of a court may…”

Sweatt v. Tennessee Dep't of Corr., 88 S.W.3d 567 (Tenn. Ct. App. 2002). · cites it 4× “Tenn.Code Ann. § 41-21-807. The filing of subsequent lawsuits is not permitted until all such expenses are paid.”

Terry Clifton v. Wayne Carpenter, 775 F.3d 760 (6th Cir. 2014). · cites it 3× “Tenn.Code Ann. § 41-21-812. Because the answer to this question is no, the case will be REMANDED for further proceedings.”

Davis v. Holland, 31 S.W.3d 574 (Tenn. Ct. App. 2000). · cites it 3× “Davis should not be permitted to file another claim (other than one under Tenn. Code Ann. § 41-21-812 (b)) at least until he has finished paying off the costs in Davis v.”

Hayes v. State, 341 S.W.3d 293 (Tenn. Ct. App. 2009). · cites it 2× “2000) (citing Tenn.Code Ann. § 41-21-812). In a similar case, Williams v.”

Williams v. Bell, 37 S.W.3d 477 (Tenn. Ct. App. 2000). “§ 41-21-812. 1 Federal statutes impose similar restrictions in federal courts on proceedings in forma pauperis.”

Michael Halliburton v. Tennessee Bd. of Parole (Tenn. Ct. App. 2021). · cites it 43× “The chancery court dismissed the petition pursuant to Tenn. Code Ann. § 41-21-812 because the inmate had unpaid court costs from previous litigation.”

Michael Halliburton v. Tennessee Bd. of Parole (2022). · cites it 21× “In so doing, the Trial Court relied on Tenn. Code Ann. § 41-21-812 , which provides that “on notice of assessment of any fees, taxes, costs and expenses under this part, a clerk of a court may not accept for filing another claim by the same inmate until prior fees, taxes, costs…”

Grenda Harmer v. Turney Ctr. Disciplinary Bd. (Tenn. Ct. App. 2016). · cites it 18× “Respondents filed a motion to dismiss the petition for writ of certiorari on the grounds Petitioner had not paid court costs in all prior claims, see Tenn. Code Ann. § 41-21-812 , and his affidavit of indigency contained “falsities.”

Andre Dotson v. Contemporary Media, Inc., d/b/a The Memphis Flyer, & John Branston (Tenn. Ct. App. 2012). · cites it 29× “As discussed in the annotations to this statute: One purpose of the statutory scheme imposing a duty upon -9- inmates who file claims in forma pauperis to submit affidavits documenting their prior history of litigation before a trial court can rule on their current claims is to…”

Montague v. Tennessee Dep't of Corr., 109 S.W.3d 735 (Tenn. Ct. App. 2003). “§ 41-21-812(a) which provides that the clerk of the court shall not accept for filing a claim by an inmate on an affidavit of inability to pay costs when that person owes unpaid costs incurred in a prior action.”

Reginald Dion Hughes v. Tennessee Bd. of Prob. & Parole, 514 S.W.3d 707 (2017). · cites it 6× “” Tenn. Code Ann. § 41-21-812 (a). This section only applies 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.”

Show all 31 citing cases →

— Tenn. Code Ann. § 41-21-812(a) — 4 cases

Sweatt v. Tennessee Dep't of Corr., 88 S.W.3d 567 (Tenn. Ct. App. 2002). “Tenn.Code Ann. § 41-21-807. The filing of subsequent lawsuits is not permitted until all such expenses are paid.”

Michael Halliburton v. Tennessee Bd. of Parole (Tenn. Ct. App. 2021). “The chancery court dismissed the petition pursuant to Tenn. Code Ann. § 41-21-812 because the inmate had unpaid court costs from previous litigation.”

Romalis Gray v. Tennessee Dep't of Corr. (Tenn. Ct. App. 2013).

— Tenn. Code Ann. § 41-21-812(b) — 1 case

James E. Swiggett v. Carl R. Ogle, Jr., & J. Michael Kerr (Tenn. Ct. App. 2001).

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