Tenn. Code Ann. § 28-3-104

Section 28-3-104 supplies the one-year limitations period for § 1983 claims filed in Tennessee.

McKenzie v. Day · filed 2019-09-04

Federal district courts apply the State’s statute of limitations for personal-injury actions in proceedings arising under 42 U.S.C. § 1983. See Wallace v. Kato, 549 U.S. 384, 387 (2007). In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim).

Section 28-3-104(a) sets a one-year limitations period for personal tort claims, including unlawful incarceration, false arrest, and malicious prosecution.

Annette v. Haslam · filed 2019-09-30(a)

With regard to Plaintiff’s claims against Gwin for alleged unlawful incarceration, false arrest, and malicious prosecution, those personal tort claims fall under the one-year limitations period set forth in Tenn. Code Ann. § 28-3-104(a).

Section 28-3-104 supplies the one-year limitations period for § 1983 claims brought in Tennessee.

Coleman v. Hogan · filed 2019-10-18

In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3-104; Panzica v. Corr. Corp. of Am., 559 F. App’x 461, 463 (6th Cir. 2014) (applying Tennessee’s one-year statute of limitations in prisoner’s § 1983 claim).

Personal injury actions generally must be brought within one year after the cause of action accrues.

Khah v. Capley · filed 2019-10-31(a)(1)(A)

Generally, actions for personal injuries must be brought within one year after the cause of action accrues. Tenn. Code Ann. § 28-3-104(a)(1)(A) (2017).

Section 28-3-104 supplies a one-year limitations period for § 1983 claims arising in Tennessee.

Caudill v. Hamblen County (PSLC2) · filed 2019-10-31

Federal district courts apply the State’s statute of limitations for personal injury actions in proceedings arising under 42 U.S.C. § 1983. See Wallace v. Kato, 549 U.S. 384, 387 (2007). In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3-104; ... Accordingly, Plaintiff’s § 1983 claims against all Defendants are barred by the applicable statute of limitations.

Section 28-3-104(a)(1) provides a one-year limitations period for § 1983 actions arising in Tennessee.

Patton v. Shelby County, TN · filed 2019-12-17(a)(1)

The limitations period for § 1983 actions arising in Tennessee is the one-year limitations provision in Tenn. Code Ann. § 28-3-104(a)(1). Roberson v. Tennessee, 399 F.3d 792, 794 (6th Cir. 2005). Nearly all of these alleged abuses occurred more than one year ago and are, thus, untimely.

Section 28-3-104 provides a one-year limitations period for personal injury claims in Tennessee, which the court applied to the § 1983 claims.

Jordan v. Williams · filed 2020-01-02

Furthermore, all the alleged events in the amended complaint occurred in 2015 and are now barred by the one-year statute of limitations. See Wallace v. Kato, 594 U.S. 384, 387 (2007) (reiterating that suits under § 1983 have the same statute of limitations as the personal injury statute of limitations in the state in which the action is brought); Tenn. Code Ann. § 28-3-104 (the statute of limitations in Tennessee for personal injury claims is one year).

Section 28-3-104(a) imposes a one-year limitations period on Tennessee claims for false arrest, malicious prosecution, and outrageous conduct.

Annette v. Haslam · filed 2020-01-27(a)

With respect to Plaintiff’s assertion of what appear to be state law claims for false arrest, malicious prosecution, and outrageous conduct, the one-year statute of limitations for personal torts that is set out in Tenn. Code Ann. § 28-3-104(a) applies to these claims.

Section 28-3-104(a)(1)(B) supplies a one-year limitations period for Section 1983 claims in Tennessee.

Hughes v. Tennessee Department of Corrections · filed 2020-01-29(a)(1)(B)

And so it does: the statute of limitations for Plaintiff’s Section 1983 claim is the one-year period set out in Tenn. Code Ann. § 28-3-104(a)(1)(B).

Section 28-3-104 provides a one-year limitations period for personal injury actions, which applies to § 1983 claims filed in Tennessee.

Jones v. Hamblen Co. Sheriffs Dept. · filed 2020-04-14

In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3- 104 in a § 1983 claim).

Section 28-3-104(a) supplies a one-year limitations period for Section 1983 claims brought in Tennessee.

Collado v. 21st Judicial District Drug Taskforce · filed 2020-04-29(a)

As a threshold matter, however, the statute of limitations for claims brought under Section 1983 in Tennessee is one year. Jordan v. Blount Cty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)). ... Applying the one-year statute of limitations, any claim by Plaintiff that accrued prior to January 31, 2019, is time-barred.

Section 28-3-104(a) gives § 1983 claims in Tennessee a one-year limitations period.

Grady v. Madison County · filed 2020-06-05(a)

The statute of limitations on a claim for the violation of a constitutional right under 42 U.S.C. § 1983 is one year in Tennessee, meaning the limitations period on any claim Detrick Grady had against the John Does ran on or around July 30, 2019, the same date on which Ms. Grady filed suit.

Section 28-3-104(a)(3) provides a one-year limitations period for § 1983 actions in Tennessee.

Easterly v. Thomas · filed 2020-06-22(a)(3)

Tennessee applies a one-year statute of limitations to § 1983 actions. Zundel v. Holder, 687 F.3d 271, 281 (6th Cir. 2012); Tenn. Code Ann. § 28-3-104(a)(3).

Section 28-3-104 supplies a one-year limitations period for federal civil rights actions brought in Tennessee.

Larry E. Parrish, P.C. v. Bennett · filed 2020-07-10

Parrish’s federal civil rights action is barred by the one-year statute of limitations.

Section 28-3-104(a) supplies a one-year limitations period for Section 1983 claims arising in Tennessee.

Wilkins v. CoreCivic, Inc. · filed 2020-07-21(a)

In Tennessee, the statute of limitations for Section 1983 claims is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)).

Section 28-3-104(a)(1) provides a one-year limitations period for § 1983 actions arising in Tennessee.

Manley v. Fayette County Justice Complex · filed 2020-08-27(a)(1)

The limitations period for § 1983 actions arising in Tennessee is the one-year limitations provision found in Tenn. Code Ann. § 28-3-104(a)(1).

Section 28-3-104(a) supplies a one-year limitations period for Section 1983 claims brought in Tennessee.

Jones v. The State Administrative High Rank Officers and Staff · filed 2020-08-31(a)

The statute of limitations for claims brought under Section 1983 in Tennessee is one year.

Section 28-3-104(a)(1)(B) provides a one-year limitations period for § 1983 actions arising in Tennessee.

Woody v. Kelley · filed 2020-10-05(a)(1)(B)

The limitations period for § 1983 actions arising in Tennessee is the one-year limitations provision found in Tenn. Code Ann. § 28-3-104(a)(1)(B).

Section 28-3-104(a)(1)(A) imposes a one-year limitations period on Tennessee personal injury tort claims.

Woody v. Kelley · filed 2020-11-09(a)(1)(A)

In addition, any claims for personal injury due to negligence or other torts based on Tennessee state law are barred by the same one-year limitations period. See Tenn. Code Ann. § 28-3-104(a)(1)(A).

Section 28-3-104(a)(1)(C) provides a one-year limitations period for claims seeking ERISA penalties for failure to furnish requested information.

Day v. Southern Electrical Retirement Fund Board of Trustees (TV1) · filed 2020-11-24(a)(1)(C)

Plaintiff does not dispute the magistrate judge’s conclusion that the applicable statute of limitations in Tennessee is one (1) year [Doc. 27 p. 5 (citing Tenn. Code Ann. § 28-3-104(a)(1)(C); Gregory, 2011 WL 2006343, at *5))]. ... In sum, because plaintiff failed to raise his § 1132(c) claim within the limitations period, his claim is time-barred, and Gregory does not entitle plaintiff to an award of penalties on a time-barred claim for any inaction by defendant during the year preceding his filing.

Section 28-3-104 supplies the one-year limitations period for personal injury claims brought under § 1983 in Tennessee.

Hartley v. Carter County · filed 2020-12-01

In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3- 104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim). ... Therefore, the complaint is otherwise properly dismissed as time barred.

Section 28-3-104(3) provides a one-year limitations period for these § 1983 claims, which barred refiling after that period expired.

Lambert v. Davidson County, District Attorney · filed 2020-12-22(3)

However, even if the Court dismissed Plaintiffs’ claims against these Defendants without prejudice, it would have no practical significance because any future related claims would be barred by the applicable one-year statute of limitations in Tenn. Code Ann. § 28- 3-104(3).

Section 28-3-104(a)(1)(A) sets a one-year limitations period for personal injury and loss-of-consortium claims.

Corl v. The Kenan Advantage Group, Inc. · filed 2020-12-28(a)(1)(A)

The limitations period for personal injury and for loss of consortium in Tennessee is one year. ... Therefore, Moving Defendants have shown the Court that this case was filed outside of the one-year limitations period and have appropriately brought this Motion as a 12(b)(6) motion, as it is apparent from the face of the Complaint that the (sole) claim therein was brought outside the applicable limitations period.

Section 28-3-104(a) supplies a one-year limitations period for Section 1983 claims filed in Tennessee.

Campbell v. Cheatham County Sheriff's Department · filed 2021-01-05(a)

In Tennessee, the limitations period is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)). ... Here, the shooting incident at Plaintiffs’ residence occurred on August 21, 2018, so Plaintiffs had one year from that date to file any Section 1983 claim related to the shooting.

Section 28-3-104 supplies a one-year limitations period for § 1983 claims arising in Tennessee.

Whitener v. State of Tennessee · filed 2021-02-02

Therefore, the Court finds that the relevant statute of limitations bars any claims by Plaintiff that occurred prior to December 11, 2019. See Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim).

Section 28-3-104 gives a plaintiff one year from the accrual of a personal injury claim to file suit.

Conine v. Medtronic Sofamor Danek USA, Inc. · filed 2021-03-08

The trial court granted Defendant’s motion to dismiss on the grounds that this action was time-barred by the one-year statute of limitations, Tenn. Code Ann. § 28-3-104, and not saved by the saving statute, Tenn. Code Ann. § 28-1-105(a). We affirm.

Section 28-3-104(a) provides a one-year limitations period for § 1983 claims arising in Tennessee.

Simpson v. Shelby County Tennessee Office of Construction Code Enforcement · filed 2021-03-09(a)

In Tennessee, the applicable statute of limitations runs for one year. T.C.A. § 28-3-104(a). ... Thus, Simpson is time-barred from pursuing his § 1983 claims against Campbell and Code Enforcement that stem from Campbell’s entry onto his property on December 5, 2016.

Section 28-3-104(a)(1) sets a one-year limitations period for false imprisonment and federal civil rights actions.

Carter v. Kulp · filed 2021-03-19(a)(1)

A one-year statute of limitations applies to actions brought in this Court under Section 1983. Tenn. Code Ann. § 28-3-104(a)(1) (establishing one-year statute of limitations for actions for false imprisonment and for actions brought under the federal civil rights statutes); Chase v. White, No. 3:16-cv-01576, 2016 WL 7210155, at *5, 7–8 (M.D. Tenn. Dec. 13, 2016) (applying § 28-3-104(a) to false arrest and imprisonment claims under § 1983). Any claim to damages based on Plaintiff’s arrest and imprisonment in 2015, prior to the institution of legal process against him, is therefore time-barred.

Section 28-3-104(a)(1) sets a one-year filing deadline for personal-injury claims, including products-liability claims.

Cross v. Martel Automation, Inc. · filed 2021-03-25(a)(1)

The statute of limitations for filing personal-injury lawsuits, including claims relating to products liability, is one year. Tenn. Code Ann. § 28-3-104(a)(1).

Section 28-3-104(a)(1) provides a one-year limitations period for personal injury actions, which applies to § 1983 claims arising in Tennessee.

Novatne v. Elrod · filed 2021-04-05(a)(1)

In Tennessee, the applicable limitations period is one year.

Section 28-3-104(a) supplies a one-year limitations period for Section 1983 claims brought in Tennessee.

Rhule v. Parker · filed 2021-04-19(a)

The statute of limitations for claims brought under Section 1983 in Tennessee is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)).

Section 28-3-104(a)(1)(A) sets a one-year limitations period for personal-injury claims, which applies to § 1983 and Title IX claims filed in Tennessee.

Bannister v. Knox County Board of Education · filed 2021-06-30(a)(1)(A)

In Tennessee, the statute of limitations for personal-injury claims is one year. See Tenn. Code Ann. § 28-3-104(a)(1)(A); see also Eidson v. Tenn. Dep’t Childs. Servs., 510 F.3d 631, 634 (6th Cir. 2007) (borrowing Tennessee’s one-year limitations period in a § 1983 case).

Section 28-3-104(a) supplies a one-year limitations period for Section 1983 claims in Tennessee.

Hudson v. CoreCivic · filed 2021-07-14(a)

The statute of limitations for Section 1983 claims in Tennessee is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)). ... Accordingly, the plaintiff’s hernia-based claim for deliberate indifference to serious medical needs will be dismissed as untimely.

Section 28-3-104 sets a one-year limitations period for battery and outrageous conduct claims.

Walker v. Fayette County Schools · filed 2021-08-26

The statute of limitations for Plaintiff’s § 1983 claim is one year. Roberson v. Tennessee, 399 F.3d 792, 794 (6th Cir. 2005). And so is the statute of limitations for her battery and outrageous conduct claims. Tenn. Code Ann. § 28-3-104; see also Olivier v. City of Clarksville, No. M2016-02473-COA-R3-CV, 2017 WL 3535016, at *5 (Tenn. Ct. App. Aug. 17, 2017).

Section 28-3-104(a)(1)(B) supplies the one-year limitations period for § 1983 civil rights actions in Tennessee.

Ramirez v. Taylor (TV1) · filed 2021-08-30(a)(1)(B)

Tennessee provides for a one-year limitations period for civil rights actions under § 1983. See Tenn. Code Ann. § 28-3-104(a)(1)(B).

Section 28-3-104(a)(1)(B) provides a one-year limitations period that applies to § 1983 claims arising in Tennessee.

Wright v. Andrews · filed 2021-09-17(a)(1)(B)

In Tennessee, the applicable statute of limitations runs for one year. Tenn. Code Ann. § 28-3-104(a)(1)(B). ... It thus appears on the face of the complaint that, even though the limitations period was tolled during the grievance process, Wright’s complaint is untimely.

Section 28-3-104(a)(1)(B) provides a one-year limitations period for § 1983 false arrest claims arising in Tennessee.

Newson v. Atkins · filed 2021-09-23(a)(1)(B)

In Tennessee, the applicable statute of limitations runs for one year. Tenn. Code Ann. § 28-3-104(a)(1)(B).

Section 28-3-104 supplies a one-year limitations period for § 1983 actions brought in federal court in Tennessee.

Hill v. Spears · filed 2021-09-24

A § 1983 action brought in a federal court in Tennessee is subject to a one-year statute of limitations.

Section 28-3-104(a) provides a one-year limitations period for personal injury claims, which applies to Section 1983 claims arising in Tennessee.

Settle v. CoreCivic, Inc. · filed 2021-11-22(a)

Tennessee’s statute of limitations for such claims is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)). ... Accordingly, it is clear from the face of the pleadings that Plaintiff’s Section 1983 claims arising from the alleged incident with Officer Burries are untimely.

Actions for injury to the person must be commenced within one year after the cause of action accrues.

Johnson v. Family Dollar Stores of Tennessee, Inc (JRG2) · filed 2021-12-20(a)(1)(A)

The one-year statute of limitations on Plaintiff’s claim has thus expired. See Tenn. Code Ann. § 28-3-104(a)(1)(A) (stating that actions for “injury to the person” must be commenced “within one (1) year after the cause of action accrued”).

Section 28-3-104 supplies a one-year limitations period for Tennessee § 1983 claims; a claim against an unnamed Doe defendant is barred when the plaintiff fails to name that defendant before the period expires.

Clevenger v. Centurion · filed 2021-12-21

There is a one-year statute of limitations period to complete causes of action in Tennessee. See Tenn. Code Ann. § 28-3-104; ... Plaintiff did not amend his complaint or submit any notification to the Court to name the John/Jane Doe Defendant(s) prior to the expiration of the statute of limitations, and his failure to do so bars his claim against the Doe Defendant(s).

Section 28-3-104(a) sets a one-year limitations period for personal injury actions, which applies to § 1983 claims arising in Tennessee.

Burley v. Arnold · filed 2021-12-22(a)

Tennessee’s statute of limitations for such claims is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)). ... Accordingly, the false arrest claim asserted in the Complaint is untimely by several years.

Section 28-3-104(a)(1)’s one-year limit for personal injury actions governs § 1983 claims arising in Tennessee.

Miller v. Cocke Cnty., Tenn. · filed 2022-01-11(a)(1)

Tennessee’s one-year limit for personal injury actions, all agree, governs Miller’s claims. Eidson v. Tenn. Dep’t of Child.’s Servs., 510 F.3d 631, 634 (6th Cir. 2007); Tenn. Code Ann. § 28-3-104(a)(1).

Section 28-3-104 supplies a one-year limitations period for § 1983 claims filed in Tennessee.

Locke v. McMinn County Jail · filed 2022-01-24

Moreover, Plaintiff’s allegation that his legal mail was opened and not mailed in November 2020 is time-barred by the applicable one-year statute of limitations on § 1983 actions. See Wallace v. Kato, 549 U.S. 384, 387 (2007); Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim).

Section 28-3-104(a) supplies a one-year limitations period for § 1983 claims arising in Tennessee.

Tallent v. Knight (TV2) · filed 2022-01-27(a)

In Tennessee, personal injury actions are subject to a one-year statute of limitations. ... The proposed claims are under § 1983; thus, the applicable statute of limitations is one year.

Section 28-3-104(a) provides a one-year limitations period for personal injury claims, including Section 1983 claims arising in Tennessee.

MPawinayo v. Rothwell · filed 2022-02-14(a)

Tennessee’s statute of limitations for such claims is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)). ... Plaintiff’s false imprisonment claim is therefore untimely by more than a year.

Section 28-3-104(a)(1) requires personal injury, false imprisonment, and malicious prosecution claims to be filed within one year after they accrue.

Dibrell v. State of Tennessee · filed 2022-02-17(a)(1)

Suits to recover for tort claims including personal injury, false imprisonment, and malicious prosecution must be commenced within one year after the cause of action accrued. Tenn. Code Ann. § 28-3-104(a)(1). Mr. Dibrell filed his notice of claim on January 3, 2019. Insofar as his claims are based on injuries that occurred prior to January 4, 2018, such claims are barred by the statute of limitations.

Section 28-3-104(a) supplies a one-year limitations period for § 1983 claims arising in Tennessee.

Accord v. Anderson County, Tennessee · filed 2022-03-01(a)

In Tennessee, the limitations period for Section 1983 claims is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)).

Section 28-3-104 supplies the one-year limitations period for § 1983 claims brought in Tennessee.

Thurman v. Saxe · filed 2022-03-24

In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim).

Section 28-3-104(a) supplies a one-year limitations period for Section 1983 claims arising in Tennessee.

Hopkins v. Troutt · filed 2022-03-28(a)

Because all of the events alleged in the Complaint occurred in Tennessee, the statute of limitations is governed by Tennessee law, meaning (as discussed above) that the limitations period for Plaintiff’s Section 1983 claims is one year.

Section 28-3-104(a)(1) supplies a one-year limitations period for Section 1983 actions arising in Tennessee.

Collier v. Kast · filed 2022-04-19(a)(1)

The limitations period that applies to Section 1983 actions arising in Tennessee is one year, based on the applicable statute of limitations supplied by state law, i.e., Tenn. Code Ann. § 28-3- 104(a)(1).

Section 28-3-104 supplies a one-year limitations period for § 1983 actions brought in federal court in Tennessee.

Childress v. CoreCivic · filed 2022-04-20

A § 1983 action brought in a federal court in Tennessee is subject to a one- year statute of limitations.

Personal injury actions are subject to a one-year limitations period.

Roach v. Moss Motor Company, Inc. · filed 2022-05-06(a)(1)(A)

Tennessee Code Annotated section 28-3-104 contains the relevant statute of limitations applicable to personal injury actions: ... Regardless of whether we consider the very first complaint filed by Mr. Jorgenson or either of the two initial complaints filed by the other plaintiffs to be the original complaint here, they were all filed within one year of the accident, and therefore within the applicable statute of limitations.

Section 28-3-104(a) provides the one-year limitations period applied to § 1983 actions arising in Tennessee.

Santini v. Rausch · filed 2022-05-06(a)

The limitations period for § 1983 actions arising in Tennessee is the one-year limitations provision found in Tenn. Code Ann. § 28-3-104(a). ... Santini, accordingly, filed his Complaint just in time—within exactly one year of his injury, as one year is calculated under Tennessee law. He is therefore entitled to summary judgment on the issue of timeliness.

Section 28-3-104 supplies a one-year limitations period for § 1983 personal-injury claims in Tennessee.

Hempstead v. Parker (PSLC2) · filed 2022-05-11

Plaintiff presents the Court with no information from which it should infer that Plaintiff’s wrist remained broken four years after his transfer to TDOC custody, and any claim related to the denial of surgery and/or treatment for Plaintiff’s wrist is barred by Tennessee’s one year statute of limitations. See Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim).

Section 28-3-104(a)(1) sets a one-year limitations period for tort claims brought by at-will employees against their employers.

Parks v. Lyash · filed 2022-09-14(a)(1)

Parks’s motion to file a second amended complaint (Doc. 111) is DENIED as FUTILE because the claims he seeks to add are barred by Tennessee’s one-year statute of limitations.

Section 28-3-104(a)(1)(B) supplies a one-year limitations period for § 1983 actions arising in Tennessee.

Brooks v. Memphis Police Department · filed 2022-09-16(a)(1)(B)

The limitations period for § 1983 actions arising in Tennessee is the one-year limitations provision found in Tenn. Code Ann. § 28-3-104(a)(1)(B).

Section 28-3-104 supplies a one-year limitations period for personal injury actions, which courts apply to § 1983 claims in Tennessee.

Johnson v. Sequatchie County Government · filed 2022-10-25

Because § 1983 does not contain its own limitations period, this Court must apply Tennessee’s statute of limitations for personal injury actions to § 1983 claims. See Wallace v. Kato, 549 U.S. 384, 387 (2007). In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim).

Section 28-3-104(a)(1)(B) supplies a one-year limitations period for § 1983 claims brought in Tennessee.

Williams v. Weirich · filed 2022-10-26(a)(1)(B)

To the extent one or more of the complaint’s claims arose before October 30, 2020, one year before Williams’s complaint is deemed filed, those claims are time-barred by the one-year statute of limitations applicable to § 1983 claims in Tennessee.

Section 28-3-104(a)(1) supplies the one-year limitations period for health care liability actions.

Thomas Jackson (Deceased), By Next of Kin, Latisha Jackson v. Vanderbilt University Medical Center · filed 2022-10-31(a)(1)

Nor is there any disagreement that such actions have a statute of limitations of one year. See Tenn. Code Ann. § 29-26-116(a)(1) (citing Tenn. Code Ann. § 28-3-104(a)(1)). ... However, the one-year statute of limitations on Appellant’s claim expired on August 24, 2021.

Section 28-3-104(a)(1) sets a one-year limitations period for personal injury and federal civil rights damages claims, including § 1983 claims arising in Tennessee.

Blake v. City of Chattanooga · filed 2022-11-22(a)(1)

Tennessee’s one-year statute of limitations squarely applies to Plaintiff’s claims under § 1983—a federal civil rights statute—and her state law claims of false imprisonment and intentional infliction of emotional distress.

Section 28-3-104 provides a one-year limitations period for personal injury actions, which applies to § 1983 claims filed in Tennessee.

Elsea v. Parris · filed 2022-12-06

In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim). ... Therefore, any claims related to these allegations are time-barred and will be dismissed.

Section 28-3-104(a)(1)(B) supplies a one-year limitations period for § 1983 actions arising in Tennessee.

Hudson v. United States · filed 2023-01-19(a)(1)(B)

The limitations period for § 1983 actions arising in Tennessee is the one-year limitations provision in Tenn. Code Ann. § 28-3-104(a)(1)(B).

Section 28-3-104 supplies the one-year limitations period incorporated into Tennessee healthcare liability claims.

Moody v. Foster · filed 2023-03-14

The Tennessee Healthcare Liability Act (“THLA”) incorporates a one-year statute of limitations. Tenn. Code Ann. § 29-26-116(a)(1) (incorporating Tenn. Code Ann. § 28-3-104). ... The state court Complaint, filed on October 7, 2019, was filed outside the statute of limitations.

Section 28-3-104(a) provides a one-year limitations period for § 1983 claims brought in Tennessee.

Stocker v. U.S. Marshals Service · filed 2023-04-05(a)

The statute of limitations on a claim for the violation of a constitutional right under 42 U.S.C. § 1983 is one year in Tennessee, meaning the limitations period on any claim Plaintiff had against Sheriff Frey ran on or around May 3, 2022, the same date on which Plaintiff filed suit.

Section 28-3-104 provides a one-year limitations period for personal injury claims, which courts apply to § 1983 claims brought in Tennessee.

Cress v. Laforce · filed 2023-04-06

Because § 1983 does not contain its own limitations period, this Court must apply Tennessee’s statute of limitations for personal injury actions to Plaintiff’s § 1983 claims. ... In Tennessee, that period is one year.

Section 28-3-104(a) provides a one-year limitations period for Section 1983 claims arising in Tennessee.

Diaz v. Akinyele · filed 2023-04-10(a)

The statute of limitations for Section 1983 claims arising in Tennessee is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)).

Section 28-3-104(a)(1) provides a one-year limitations period for personal injury and § 1983 claims arising in Tennessee.

Taylor v. Macon County Sheriff's Department, The · filed 2023-04-18(a)(1)

In Tennessee, the relevant statute of limitations period is one year, to which all of Plaintiffs’ claims are subject.

Section 28-3-104(a)(1) supplies a one-year limitations period for § 1983 claims arising in Tennessee.

Hochstetler v. The Government of Sumner County, Tennessee · filed 2023-08-25(a)(1)

In Tennessee, the relevant limitations period is one year. ... The Complaint was filed on January 12, 2023, more than two and one-half years after the accrual of the cause of action and more than one and one-half years after the statute of limitations expired.

Section 28-3-104 sets a one-year limitations period for personal tort claims.

Johnson v. Fitz · filed 2023-09-29

Even if she tried to do so now, the effort would be futile because the statute of limitations has passed. See Tenn. Code Ann. § 28-3-104 (setting forth a ... one-year statute of limitations). As described in the Complaint, the allegations concerning the Unknown Officer Defendants stem from conduct that occurred on August 7, 2019.

Section 28-3-104(a)(3) provides a one-year limitations period for § 1983 claims brought in Tennessee.

Mayes v. Williams, MD · filed 2023-11-02(a)(3)

In any event, no claim based on Defendant’s supervision in 2021 or before would be timely asserted in this suit filed on September 28, 2023. See, e.g., Dibrell v. City of Knoxville, Tennessee, 984 F.3d 1156, 1161 (6th Cir. 2021) (applying Tennessee’s one-year statute of limitations for personal injury and federal civil rights claims to find § 1983 claim untimely).

Section 28-3-104(a)(1)(B) gives a plaintiff one year to identify an unnamed defendant and re-allege claims against that person in a § 1983 action.

Jones v. Doe · filed 2024-07-19(a)(1)(B)

Although Jones asserts that “John Doe” is the Commissioner of the Department of Correction, Jones must identify the unnamed individual and re-allege claims against that individual within the one-year limitations period set out in Tenn. Code Ann. § 28-3-104(a)(1)(B).

Section 28-3-104 gives a plaintiff one year to file an intentional infliction of emotional distress claim; an EEOC investigation does not toll that period.

Davis v. HCA Health Services of Tennessee, Inc. · filed 2024-08-01

Even viewing the factual allegations in the complaint in the light most favorable to Davis and drawing all reasonable inferences in her favor, Davis would still have needed to file her complaint by June 14, 2023, to be within the statute of limitations. In her response to Defendants’ motion to dismiss on statute of limitations grounds, Davis argues that the one-year limitations period should be equitably tolled by the EEOC investigation. As Defendants correctly assert in their reply, courts have rejected such an argument. ... Accordingly, Plaintiff’s IIED claims will be dismissed as untimely.

Section 28-3-104(a)(1)(B) sets a one-year limitations period for § 1983 claims in Tennessee.

Porterfield v. Shelby County Crim. Justice Center · filed 2024-08-15(a)(1)(B)

To the extent Porterfield alleges he was deprived of recreation before July 12, 2020 (see ECF No. 17 at PageID 238 (complaint signed by Porterfield on July 12, 2021)), his claim is barred by the one-year statute of limitations for § 1983 claims in Tennessee.

Section 28-3-104(a)(1)(A) sets a one-year limitations period for the personal tort claims at issue.

Whyte v. Hazley · filed 2024-08-22(a)(1)(A)

With respect to Plaintiff’s claims against Judge Turner and Hazley in their individual capacities, the Magistrate Judge found that such claims are time-barred by Tennessee’s one-year statute of limitations. (Id. at 6, 8 (citing Tenn. Code Ann. § 28-3-104(a)(1)(A))). ... Accordingly, Plaintiff’s Objections are overruled, and the R&R is adopted and approved.

Section 28-3-104 gives a plaintiff one year to bring a personal injury negligence claim.

Stansbury v. FedEx Corporation · filed 2024-09-26

For either claim, the statute of limitations is one year. Tenn. Code Ann. § 28-3-104; Tenn. Code Ann. § 29-26-116.

Section 28-3-104(a)(1)(A) provides a one-year limitations period for libel, including allegedly defamatory text in a webpage’s code.

Clayton v. Hogan · filed 2024-10-04(a)(1)(A)

Under Tennessee law, the statute of limitations for “slanderous words” that were merely “spoken” by the defendant is six months, Tenn. Code Ann. § 28-3-103, and the statute of limitations for libel—that is, published defamation—is one year, Tenn. Code Ann. § 28-3- 104(a)(1)(A). ... Because Clayton’s allegations against NewsChannel 5 involve written text in the code of a webpage, a one-year statute of limitations applies.

Section 28-3-104(a)(1)(A) gives a plaintiff one year to file an assault or battery claim after it accrues.

William Griffin, Jr. v. Hunter · filed 2024-10-17(a)(1)(A)

The applicable statute of limitations is one year. Tenn. Code Ann. § 28-3-104(a)(1)(A). But Griffin didn’t file suit until one year and one day after his claim accrued. Therefore, his claim is time-barred.

Section 28-3-104(a)(1) gives personal injury actions a one-year limitations period; an unserved complaint does not preserve the claim when the plaintiff fails to continue the action as Rule 3 requires.

Saulsberry v. Shannon · filed 2024-11-18(a)(1)

“Personal injury actions have a one-year statute of limitations, while actions for injury to property have a three year statute of limitations.” ... The trial court therefore did not err in concluding that the statute of limitations was not tolled, and that Appellant’s claims are ... now time-barred.

Section 28-3-104(a)(1)(A) sets a one-year limitations period for personal-injury actions, which applies to § 1983 claims brought in Tennessee.

Moore v. Lee · filed 2024-11-20(a)(1)(A)

In Tennessee, actions for “injuries to the person” must be filed within one year after the cause of action accrues.

Section 28-3-104 provides a one-year limitations period for personal injury actions, which the court applied to a Rehabilitation Act claim.

Martin v. University of Tennessee · filed 2025-03-12

The most analogous statute of limitations is Tennessee’s one-year statute of limitations for personal injury actions. See Tenn. Code Ann. § 28-3-104; Tomei, 24 F.4th at 511 (noting that the “Rehabilitation Act’s borrowed statute of limitations” would be “Tennessee’s one-year personal-injury statute of limitations”).

Section 28-3-104(a)(1) supplies a one-year limitations period for Section 1983 claims arising in Tennessee.

Lowe v. Marshall County · filed 2025-03-28(a)(1)

In Tennessee, the applicable limitations period is one year. Dibrell v. City of Knoxville, Tennessee, 984 F.3d 1156, 1161 (6th Cir. 2021) (citing Tenn. Code Ann. § 28-3-104(a)(1)).

Section 28-3-104 sets a one-year limitations period for personal injury tort actions and actions under federal civil rights statutes.

Van Ness v. Stephens · filed 2025-05-05

As the Sixth Circuit in Dibrell opined, “Tennessee has another statute of limitations for actions ‘under the federal civil rights statutes.’” Dibrell, 984 F.3d at 1161 (quoting Tenn. Code Ann. § 28-3-104(a)(1)(B)). Like the Dibrell court, this Court need not consider whether that statute or the Tennessee torts statute applies, given both set a one-year period to bring claims.

Section 28-3-104(a)(3) sets a one-year limitations period for § 1983 actions in Tennessee.

Bingham v. United States · filed 2025-05-15(a)(3)

Tenn. Code Ann. § 28-3-104(a)(3) (setting forth Tennessee’s one-year statute of limitations for § 1983 actions). Thus, as the record demonstrates that Plaintiff filed his complaint in this action nearly two years after he left Bradley County custody [Id. at 22], all of Plaintiffs claims against Bradley County, the Bradley County Sheriff, and John Doe Defendants associated with Bradley County2 are untimely.

Section 28-3-104(a)(3) supplies a one-year limitations period for civil rights claims arising in Tennessee.

Infinium Builders LLC v. Metropolitan Government of Nashville & Davidson County · filed 2025-08-08(a)(3)

There is no dispute that the one-year statute of limitations in Tenn. Code Ann. § 28-3-104(a)(3) applies to civil rights claims arising in Tennessee. ... Thus, because equitable estoppel does not toll the limitations period, but Lafitte and Selman benefit from American Pipe tolling, all of the plaintiffs’ claims, to be timely, must have accrued on or after August 30, 2022, or one year before the original Complaint was filed.

Section 28-3-104(a)(1) supplies the one-year limitations period for Section 1983 personal injury claims arising in Tennessee.

Woods v. Copeland · filed 2025-08-11(a)(1)

In Tennessee, the applicable limitations period is one year. Dibrell, 984 F.3d at 1161 (citing Tenn. Code Ann. § 28-3-104(a)(1)). In this case, that one-year period expired in early 2023. Thus, the July 2024 filing of this action for false arrest/imprisonment under the Fourth Amendment was plainly untimely.

Section 28-3-104(a) provides a one-year filing period for personal injury actions, which applies to § 1983 claims arising in Tennessee.

Evers v. Tennessee Department of Children's Services · filed 2025-09-04(a)

In Tennessee, litigants have one year to file personal injury actions. Haley v. Clarksville-Montgomery Cty. Sch. Sys., 353 F. Supp. 3d 724, 730 (M.D. Tenn. 2018) (citing Tenn. Code Ann. § 28-3-104(a)).

Section 28-3-104 provides a one-year limitations period for Tennessee personal injury claims, including claims brought under 42 U.S.C. § 1983.

Puckett v. Unicoi County Tennessee · filed 2025-09-26

The parties agree that in Tennessee a one-year statute of limitations applies to actions for personal injury or actions brought under 42 U.S.C. § 1983. ... T.C.A. § 28–3–104. ... Judge Manuel’s April 5, 2024 letter does not constitute a continuing violation and thus Plaintiffs’ claim against Judge Manuel is barred by the statute of limitations and is DISMISSED.

Section 28-3-104(a)(3) provides a one-year limitations period for § 1983 actions in Tennessee.

Baker · filed 2025-10-16(a)(3)

Tennessee applies a one-year statute of limitations to § 1983 actions. Zundel v. Holder, 687 F.3d 271, 281 (6th Cir. 2012); Tenn. Code Ann. § 28-3-104(a)(3).

Section 28-3-104 provides a one-year limitations period for personal injury actions, which applies to § 1983 claims filed in Tennessee.

Johnston · filed 2025-10-27

Tennessee’s one-year statute of limitations for personal injury actions is applicable to Plaintiff’s § 1983 claims. ... But any injuries surrounding Plaintiff’s arrest, assault by four inmates at the KCDF, August 2024 criminal court proceedings, and treatment at the KCDF in August 2024 were discoverable and complete when they occurred, which was more than one year prior to Plaintiff filing his complaint in October 2025. Accordingly, these claims are otherwise properly dismissed as untimely.

Section 28-3-104(a)(1) supplies the one-year limitations period for Section 1983 claims arising in Tennessee.

Davis Steverson and Verna Steverson v. Freeman Recovery Center, et al. · filed 2025-11-19(a)(1)

In Tennessee, the applicable limitations period is one year. Dibrell v. City of Knoxville, Tennessee, 984 F.3d 1156, 1161 (6th Cir. 2021) (citing Tenn. Code Ann. § 28-3-104(a)(1)). In this case, the limitations period began to run in May 2023, when Plaintiff was allegedly assaulted and arrested, and expired one year later. Thus, the August 2024 filing of this action would be untimely as against any individual officers who might be named as defendants.

Section 28-3-104(a) sets a one-year limitations period for Tennessee personal injury actions, including § 1983 claims arising in Tennessee.

Calvin v. Shelby County, Tennessee · filed 2025-11-24(a)

The statute of limitations for personal injury actions in Tennessee is one year. See Tenn. Code Ann. § 28-3-104(a); Roberson v. Tennessee, 399 F.3d 792, 794 (6th Cir. 2005).

Section 28-3-104 imposes a one-year limitations period on personal injury and false-imprisonment actions and on actions brought under federal civil rights statutes.

Dibrell v. Roger Rex, Jr. · filed 2025-11-25(a)(1)(A), (a)(1)(B)

The statute of limitations for Dibrell’s § 1983 claims is one year. See Tenn. Code Ann. § 28-3-104(a)(1)(B) (imposing a one-year statute of limitations for actions “brought under the federal civil rights statutes”); see also 42 U.S.C. § 1988(a) (directing courts to apply state-law statutes of limitations to § 1983 claims). ... Like the § 1983 claims, these tort claims are subject to a one-year statute of limitations. See Tenn. Code Ann. § 28-3-104(a)(1)(A) (imposing a one-year statute of limitations for “[a]ctions for . . . injuries to the person [and] false imprisonment”); see also Leach v. Taylor, 124 S.W.3d 87, 91 (Tenn. 2004) (explaining that “personal injury tort[s]” are “governed by the general one-year statute of limitations”).

Section 28-3-104(a)(1) supplies the one-year limitations period for § 1983 claims arising in Tennessee.

Page v. Tennessee Board of Parole and Pardons, et al. · filed 2026-01-27(a)(1)

In Tennessee, the applicable limitations period is one year. Dibrell v. City of Knoxville, Tennessee, 984 F.3d 1156, 1161 (6th Cir. 2021) (citing Tenn. Code Ann. § 28-3-104(a)(1)). Accordingly, the Complaint’s claims based on events that occurred more than one year prior to this action’s filing, at which time the plaintiff knew or should have known that he had been injured, are time-barred.

Section 28-3-104(a)(3) imposes a one-year limitations period on ADA and § 1983 claims in Tennessee.

DeMoor · filed 2026-03-03(a)(3)

In Tennessee, claims under 42 U.S.C. § 1983 for civil rights violations and claims under the Americans with Disabilities Act (“ADA”) are subject to a one-year statute of limitations found in Tenn. Code Ann. § 28-3-104(a)(3). ... The plaintiff’s claims under the ADA and § 1983 are plainly barred by the one-year statute of limitations.

Section 28-3-104(a)(1) supplies a one-year limitations period for Section 1983 actions in Tennessee.

White · filed 2026-03-04(a)(1)

Tennessee applies a one-year statute of limitations to Section 1983 actions. Zundel v. Holder, 687 F.3d 271, 281 (6th Cir. 2012); Tenn. Code Ann. § 28-3-104(a)(1). ... Thus, Plaintiff’s false arrest claims against any Defendant are time barred because the claims were filed more than one year after Plaintiff’s arrest.

Section 28-3-104(a)(1) provides a one-year limitations period that applies to § 1983 claims arising in Tennessee.

Farris · filed 2026-03-13(a)(1)

In Tennessee, the applicable limitations period is one year. Dibrell v. City of Knoxville, Tennessee, 984 F.3d 1156, 1161 (6th Cir. 2021) (citing Tenn. Code Ann. § 28-3-104(a)(1)).

Section 28-3-104 gives personal injury actions a one-year limitations period, which also applies to loss of consortium claims.

Goodwin · filed 2026-03-16

First, Tennessee’s general statute of limitations for personal injury actions provides a one-year limitations period. Tenn. Code Ann. § 28-3-104.

Section 28-3-104 gives plaintiffs one year to bring a personal injury action.

Coleman v. CBL & Associates, Inc. · filed 2026-04-01

On July 2, 2024, the applicable statute of limitations expired. See Tenn. Code Ann. § 28-3-104 (providing a one-year statute of limitation for personal injury actions).

Section 28-3-104(a)(1) supplies a one-year limitations period for Section 1983 claims brought in Tennessee.

Ball v. James Bachman, et al. · filed 2026-04-20(a)(1)

Tennessee’s one-year statute of limitations applies to Plaintiff’s Section 1983 claims. ... Plaintiff’s constitutional claims are therefore untimely under Tennessee’s one-year statute of limitations and will be dismissed.

Section 28-3-104 provides a one-year limitations period for § 1983 claims arising in Tennessee.

Strada · filed 2026-04-23

However, out of an abundance of caution, the Court finds that any such claims would be time-barred, because the latest possible constitutional violation at either of these facilities occurred more than one year prior to Plaintiff filing this lawsuit. [See Doc. 1 p. 4–5, 10]; see Wallace v. Kato, 549 U.S. 384, 387 (2007); Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim).

Section 28-3-104(a)(1) supplies a one-year limitations period for Section 1983 claims arising in Tennessee.

Jordan v. City of Murfreesboro · filed 2026-05-20(a)(1)

In Tennessee, the applicable limitations period is one year from the date of the claim’s accrual. Dibrell v. City of Knoxville, Tennessee, 984 F.3d 1156, 1161 (6th Cir. 2021) (citing Tenn. Code Ann. § 28-3-104(a)(1)). ... It expired one year later, on September 8, 2025. The Complaint was filed on January 6, 2026, 121 days after the expiration of the one-year limitations period. ... This action is therefore barred by the statute of limitations.

Section 28-3-104 gives claims for statutory bad-faith denial of insurance benefits a one-year limitations period.

Shree Ugtai Express, Inc. v. West Bend Insurance Company · filed 2026-06-09

All claims under Tenn. Code Ann. § 56-7-105 must be brought within one year of accrual of such claims. ... Because the original summons was never returned and Plaintiff failed to have the alias summons issued within one year of the filing of the complaint, the suit was not commenced prior to the one-year expiration of the statute of limitations. Thus, the bad faith claim fails as a matter of law.

Section 28-3-104(a) requires a personal injury action to be commenced within one year after the cause of action accrues.

Gwaltney v. Stone · filed 1989-09-13(a)

The Gwaltneys commenced suit twenty-three months after the accident in Tennessee. The Tennessee one year statute of limitations fully barred the Gwaltneys’ civil action.

Medical malpractice actions are subject to a one-year limitations period.

Huttchson v. Cole · filed 1997-01-27(a)(1)

In Tennessee, the statute of limitations for medical malpractice actions is one year. See Tenn. Code Ann. § 29-26-116(a)(1) (1980); see also Tenn. Code Ann. § 28-3-104(a)(1) (Supp. 1996).

Section 28-3-104(a)(1) gives a plaintiff one year after accrual to bring a personal tort action.

Reynolds v. Tammy Battles · filed 2000-10-23(a)(1)

This date was within the six month statute of limitations for slander8, the one year statute of limitations for personal tort actions9, and the three year statute of limitations for property tort actions.

Section 28-3-104(a)(2) gives a plaintiff one year to file a legal malpractice claim after it accrues.

Crafton v. John Van Den Bosch, Jr. · filed 2005-11-30(a)(2)

In fact, under all of the circumstances, we conclude that an accrual date of late December, 1997 is generous. Even giving Mr. Crafton every benefit of the doubt concerning the accrual date, his Complaint for legal malpractice was filed on July 13, 2000, which is well beyond the one-year time limit imposed by T.C.A. §28-3-104(a)(2).

Section 28-3-104 sets a one year limit for legal malpractice actions and permits relief only when relevant facts, rather than the law, were unknown or undisclosed.

Banton v. Marks · filed 1981-08-13

Based upon our understanding of Teeters, Ameraccount and T.C.A. § 28-3-104, relief from the one year statute of limitations in legal malpractice actions is available only when matters of fact, as opposed to matters of law, are unknown or undisclosed to a prospective plaintiff.

Section 28-3-104's one-year limitations period begins when the injury occurs or is discovered, or should have been discovered with reasonable care and diligence.

Woods v. Sherwin-Williams Co. · filed 1983-12-09

After a careful review of the record, and of the pertinent cases, we are persuaded that the trial judge was correct in granting summary judgment and holding that this case was time-barred. ... We do not believe the facts of this case fit within the “discovery rule” outlined from the law of this state. In this case the plaintiff knew of his injury, knew it either was or could be work-related, and knew the identity of the defendants since he selected and purchased the materials used in his shop.

Section 28-3-104 supplies a one-year limitations period for personal injury actions, subject to recognized discovery exceptions.

Hathaway v. Middle Tennessee Anesthesiology · filed 1986-10-29

No specific statute of limitations is contained in the Tennessee Wrongful Death Statutes, but our courts have uniformly applied the one-year statute on actions for personal injuries, T.C.A. § 28-3-104. ... In summary, this Court holds that the recognized exceptions to the statute of limitations on personal injury actions are equally applicable to actions for wrongful death; and that, where the resolution of the issue depends upon the question of whether due diligence was exercised under the circumstances, and where differing inferences might reasonably be drawn from the uncontroverted facts, the issue is not appropriate for summary judgment.

Section 28-3-104 requires actions against attorneys for malpractice, whether grounded in contract or tort, to be commenced within one year after the cause of action accrued.

National Mortgage Co. v. Washington · filed 1987-05-06

The trial court in granting summary judgment held that plaintiff’s cause of action is barred by the statute of limitations provided for in T.C.A. § 28-3-104 (1980), which we quote in pertinent part: [ajctions and suits against attorneys for malpractice whether said actions are grounded or based in contract or tort ... shall be commenced within one (1) year after cause of action accrued. ... Plaintiff first learned that the VA might be affected by the agreed order when it received a copy of Beckham’s letter dated January 17, 1985. This was within one year of the date suit was filed. ... Accordingly, the order of the trial court granting summary judgment to defendants is reversed and this case is remanded for such further proceedings as necessary.

Section 28-3-104 imposes a one-year limitations period for this legal-malpractice claim, accruing when the alleged negligence became irremediable and tolling while the plaintiff lacked knowledge of the wrong and was not reasonably put on inquiry.

Price v. Becker · filed 1991-03-04

Plaintiff’s cause of action accrued as of the date defendant’s alleged negligence became irremediable. In this case, that date was the date the order of dismissal in U.S. District Court became final. See Ameraccount Club, Inc. v. Hill, 617 S.W.2d 876 (Tenn.1981). The statute would only be tolled during the period when the plaintiff had no knowledge that a wrong had occurred and, as a reasonable person, was not put upon inquiry. See Hoffman v. Hospital Affiliates, Inc., 652 S.W.2d 341 (Tenn.1983); Wolfe v. Gilreath, 699 S.W.2d 805 (Tenn.App.1985). The record before us establishes the statute of limitations on plaintiff’s claim ran one year following the date of entry of the judgment of dismissal of her cause in U.S. District Court in January of 1983.

Section 28-3-104(a) gives legal malpractice plaintiffs one year to sue from accrual or from when they discover or should discover the malpractice.

Duvoisin v. Kennerly, Montgomery, Howard & Finley (In re Southern Industrial Banking Corp.) · filed 1991-03-12(a)

The statute of limitations governing actions for legal malpractice in Tennessee is found at Tenn.Code Ann. § 28-3-104(a). It is a one year limitations period running from the time when the cause of action accrues, or from when the plaintiff discovers, or, in the reasonable exercise of due diligence, should have discovered the defendant's malpractice.

Section 28-3-104(a)(2) requires legal malpractice actions to be brought within one year after the cause of action accrues.

Brown v. Davidson · filed 1997-12-05(a)(2)

Under Tennessee Code Annotated § 28-3-104(a)(2), actions for legal malpractice must be brought within one year “after the cause of action accrued.”

Section 28-3-104 gives a plaintiff one year to bring a legal malpractice action after the claim accrues, including when the injury is or should have been discovered.

Dorse v. Kriger · filed 1998-03-26

Actions against attorneys for legal malpractice shall be commenced within one year after the cause of action accrued. T.C.A. § 28-3-104. A suit may be brought more than one year after the injury occurs, provided it is brought within one year after it is discovered or, in the exercise of reasonable care and diligence, should have been discovered.

The one-year period for filing a legal malpractice action depends on when the client knew or reasonably should have known that the attorney’s negligence caused injury.

Carver Plumbing Company v. Martha Cone Beck · filed 1998-04-08(a)(2)

After carefully reviewing the evidence presented in this case, we conclude that a genuine issue of material fact exists as to whether Robert Carver knew or should have known more than one year prior to filing this legal malpractice action that Beck had committed negligence and that this negligence had caused injury to Carver Plumbing.

The one-year period for legal malpractice may begin when the client knows facts that would put a reasonable person on notice of an injury caused by the attorney’s wrongful conduct.

Tanaka v. Meares · filed 1998-05-12(a)(2)

Under the theory of constructive knowledge, however, the statute of limitations may begin to run at an earlier date if the evidence shows that the plaintiff is aware of facts sufficient to put a reasonable person on notice that he has suffered an injury as a result of the defendant’s wrongful conduct.

Section 28-3-104(a)(2) gives a plaintiff one year to bring a legal malpractice action after the claim accrues; accrual is determined under the discovery rule.

Citicorp Mortgage, Inc. v. Roberts · filed 1998-10-05(a)(2)

The statute of limitations for legal malpractice is one year from when the cause of action accrues. Tenn. Code Ann. § 28-3-104(a)(2). When the cause of action accrues is determined by applying the discovery rule.

Section 28-3-104(a)(2) requires legal malpractice actions to be filed within one year after the claim accrues, whether grounded in contract or tort; accrual is determined by the discovery rule.

Wilkins v. Dodson, Parker, Shipley, Behm and Seaborg · filed 1998-11-06(a)(2)

Under T.C.A. § 28-3-104(a), legal malpractice claims must be initiated within one year after the cause of action accrued. We therefore conclude that Wilkins’ filing of the complaint on November 12, 1993, was not within one year of the time that the cause of action accrued.

Section 28-3-104(a)(2) requires a legal malpractice action to be filed within one year after the claim accrues.

Lewis v. Caputo · filed 2000-04-28(a)(2)

With respect to the allegation of malpractice, we find and hold that the action is barred by the one-year statute of limitations in T.C.A. § 28-3-104(a)(2).

Section 28-3-104 gives a plaintiff one year after accrual to file a legal malpractice action, with accrual beginning when the plaintiff discovers a legally recognizable injury.

Lon Walker v. Cameron · filed 2001-01-10

The time within which a legal malpractice action must be filed is one year after accrual of the cause of action. Tenn. Code Ann. § 28-3-104. The accrual of the action does not commence until the injured party discovers that he has sustained a legally recognizable injury, and that he knew or in the exercise of reasonable diligence should have known of the injury.

Section 28-3-104(a)(2) gives attorney malpractice claims a one-year limitations period whether the claims are framed in contract or tort.

Swett v. Binkley · filed 2002-11-20(a)(2)

TennCode Ann. § 28-3-104(a)(2) governs “actions and suits against attorneys or licensed public accountants or certified public accountants for malpractice, whether the actions are grounded or based in contract or tort.” ... We think the legislature sought to remove any doubt about which statute applied to a malpractice claim, and it chose the one-year period of limitations.

Section 28-3-104(a)(2) requires an attorney malpractice action to be filed within one year after the claim accrues.

Pier v. Jungkind · filed 2013-04-08(a)(2)

In light of the foregoing, we affirm summary judgment in favor of Defendants on the grounds that Ms. Pier commenced her action beyond the expiry of the one-year statute of limitations provided at Tennessee Code Annotated § 28-3-104(a)(2).

Section 28-3-104(a)(2) gives a plaintiff one year from accrual to bring a legal malpractice claim, whether the claim sounds in tort or contract.

Aleo v. Weyant · filed 2013-12-12(a)(2)

The statue of limitations for legal malpractice, whether grounded in tort or contract, is one year from the time the action accrues.

Section 28-3-104 gives a plaintiff one year from accrual to bring a legal malpractice claim, with the discovery rule governing when the claim accrues.

Allied Waste North America, Inc. v. Lewis, King, Krieg & Waldrop, P.C. · filed 2015-03-20(a)(2)

The relevant statute of limitations for legal malpractice claims (codified at Tenn.Code Ann. § 28-3-104(a)(2) at the time this suit was filed) provides: Actions and suits against licensed public accountants, certified public accountants, or attorneys for malpractice shall be commenced within one (i) year after the cause of action accrued, whether the action or suit is grounded or based in contract or tort. ... As with some other claims including medical malpractice, Tennessee law applies the discovery rule to legal malpractice claims.

Section 28-3-104(a)(1) sets a one-year limit for personal injury actions, but that limit does not govern a claim for tortious inducement of breach of contract under these circumstances.

Stratton v. Wommack · filed 2007-04-06(a)(1)

We agree that the Tennessee appellate courts would apply this three-year period to a claim for tortious inducement of breach of contract under these circumstances. ... TENN . CODE ANN . § 28-3-104(a)(1) provides a one-year limitations period for, inter alia, “actions . . . for injuries to the person . . . .” (emphasis added.) Only one district court decision in our circuit has applied this one-year limitations period to a claim for tortious interference with contractual relations or similar claim, and it provided neither discussion nor authority in support of that holding.

The one-year limitation for personal injury actions does not bar emotional distress damages that are an element of a property tort claim.

Whaley v. Perkins · filed 2006-07-14(a)(1)

In other words, the Whaleys’ “claim” for damages for emotional distress was merely an element of their overall claim for damages for the injury to their property and not a stand-alone cause of action. Consequently, the three-year property tort statute of limitations applies, and the intermediate court erred in holding that the one-year personal injury statute of limitations barred the Whaleys’ claim for damages for emotional distress.

Section 28-3-104’s one-year limit for injuries to the person does not cover economic loss from child support obligations imposed after a negligently performed paternity test.

Gunter v. Laboratory Corp. of America · filed 2003-12-19(a)(1)

His alleged economic injury does not arise out of an invasion of a right which “inheres in man as a rational being” such as the right to a good reputation.

Section 28-3-104(a)(1)’s one-year period for personal tort actions does not apply to an insurance agent’s professional negligence that causes economic loss.

Tip's PackageStore, Inc. v. Commercial Ins. Mgrs., Inc. · filed 2001-10-16(a)(1)

Since there is no specific statute of limitations governing Plaintiffs’ negligence claim, we must decide if it is a personal tort action pursuant to Tenn. Code Ann. § 28-3-104(a)(1) which has a one year statute of limitations, or a property tort action pursuant to Tenn. Code Ann. § 28-3- 105(1) which has a three year statute of limitations. ... We hold the one year statute of limitations does not apply.

The section provides a one-year period for personal injury actions, while property injury actions receive a three-year period under § 28-3-105.

Nevils v. McDowell Contractors, Inc. · filed 1981-09-11

Having characterized plaintiff’s action as one in tort, this Court must also determine whether the one-year limit on actions for injuries to the person in T.C.A. § 28-3-104 or the three-year limit on property injury actions in T.C.A. § 28-3-105 should be applied. ... While neither classification is entirely accurate, this Court concludes that plaintiff’s claim at its base alleges an injury to a property interest— plaintiff’s interest in his job — rather than an injury to plaintiff’s person. Thus, the three-year statute of limitations provided in T.C.A. § 28-3-105 applies, and plaintiff’s suit is timely.

Personal injury actions must be commenced within one year after the cause of action accrues.

Gregory v. McCulley · filed 1995-08-04(a)(1)

Tenn.Code Ann. § 28-3-104(a)(l) requires actions for personal injuries to be commenced within one year after the cause of action accrued.

Section 28-3-104's one-year period does not apply to a tortious interference claim alleging business and property losses; the three-year period applies.

Collins v. Greene County Bank · filed 1995-11-01

The applicable statute of limitations is determined by the allegations of the complaint. Here the damage alleged is the loss of Malone’s business relationship and financial backing, which led to the close of the business. Plaintiffs claim deals with business and property losses which are governed by the three-year limitation period of T.C.A. § 28-3-105, and the limitations period for the analogous tort of interference with a contractual relationship is three years. We conclude the three-year statute of limitations would apply.

Section 28-3-104 sets a one-year limitations period for personal injury actions.

Hunt v. Shaw · filed 1996-12-12

We find and hold that the third lawsuit was not timely filed. It was outside the one-year period of limitations applicable to personal injury actions.

Section 28-3-104(a)(1)’s one-year limit for personal tort actions does not apply to an insurance agent’s negligence when the claimed injury is financial loss.

Tip's Package Store, Inc. v. Commercial Insurance Managers, Inc. · filed 2001-12-11(a)(1)

Since there is no specific statute of limitations governing Plaintiffs’ negligence claim, we must decide if it is a personal tort action pursuant to Tenn.Code Ann. § 28-3-104(a)(l) which has a one year statute of limitations, or a property tort action pursuant to Tenn. Code Ann. § 28-3-105(1) which has a three year statute of limitations. ... In our opinion, Plaintiffs’ claim is for injury to property and the three year statute of limitations found in Tenn.Code Ann. § 28-3-105(1) applies.

Section 28-3-104 gives plaintiffs one year to bring a personal injury action.

Vrba v. Allstate Insurance Co. · filed 2020-10-23

Tennessee gives plaintiffs one year to bring a personal injury action and three years to bring actions for property damages. Tenn. Code Ann. § 28-3-104–05.

Section 28-3-104(a)(1)(A) requires a personal injury action to be commenced within one year after the cause of action accrues.

Mott v. K. Jeffrey Luethke, Esq. · filed 2021-03-16(a)(1)(A)

In Tennessee, the statute of limitations for personal injury cases is one year from the date of the occurrence.

Section 28-3-104 applies to claims that negligence caused a death, whether the claim is characterized as wrongful death or gross negligence.

Rosemond · filed 2025-11-03

Indeed, whether characterized as wrongful death or gross negligence, the cause of action pressed here is subject to the same statute of limitations for personal injuries under state law: Section 28-3-104 of the Tennessee Code.

The one-year period for personal injury claims begins when the plaintiff knew or reasonably should have known of the injury and its possible cause; widespread publicity can provide constructive notice.

Heiser v. Union Carbide Corp · filed 2004-07-15(a)(1)

As rightly observed by Contractor-Defendants, the public record here was sufficient to alert Plaintiffs as to a possible connection between emissions and health risks near Oak Ridge long before January 15, 2000.

Section 28-3-104’s limitations period begins when the plaintiff discovers, or reasonably should discover, the negligent cause of the injury and the responsible defendant.

Foster v. Harris · filed 1982-05-17

We hold that under the two statutes of limitations to be construed in this case, T.C.A. § 28-3-104 and T.C.A. § 29-26-116, plaintiff’s cause of action accrued on July 21,1976, and that this suit was timely filed, and remand for a trial on the merits.

Section 28-3-104’s one-year period begins when a plaintiff discovers, or reasonably should discover, a possible injury claim; identifying a specific harmful ingredient does not delay accrual when reasonable inquiry could have revealed it earlier.

Webber v. Union Carbide Corp. · filed 1983-02-24

Under the facts in this case, the plaintiff should have known that he could have a cause of action against these appellees long before he chose to bring them into this action.

Section 28-3-104's one-year limitations period begins when the injury occurs or is discovered, or when it should have been discovered through reasonable care and diligence.

Gosnell v. Ashland Chemical, Inc. · filed 1984-01-20

This statute has been construed to begin running “when the injury occurs or is discovered, or when in the exercise of reasonable care and diligence, it should have been discovered.”

Section 28-3-104(a) sets a one-year limitations period, whose running is delayed by fraudulent concealment until discovery of the fraud.

Nobes v. Earhart · filed 1988-12-30(a)

Under Tennessee law, “[i]t is well recognized that fraudulent concealment prevents the running of the statute of limitations and that the statute begins to run from the time of discovery of the fraud.” ... Under these circumstances, we hold that it was reasonable for the plaintiff not to discover the affair until Mr. Mathis confessed. Therefore, the plaintiffs action for damages against Ms. Earhart is not barred by the statute of limitations.

Under § 28-3-104, the one-year period runs from the known injury, not from when the plaintiff learns that the injury supports a legal claim.

Hollon v. North Park Hospital, Inc. · filed 1991-09-18

We find the Tennessee court's instructions to be consistent with our reading of § 29-26-116 and § 28-3-104, which places the focus on the date of injury, rather than that instant in time when the plaintiff is sufficiently schooled in the parameters of tort law to determine she possesses a legally cognizable claim.

Section 28-3-104 gives a § 1983 claimant one year to sue; later discovery does not delay the period when reasonable diligence would have revealed the injury.

Warren v. Scott · filed 1992-09-04

The plaintiff concedes that his cause of action under 42 U.S.C. § 1983 is governed by the one year statute of limitations in Tenn.Code Ann. § 28-3-104. Since he withdrew his funds on January 27, 1989, and did not bring this action until November 1, 1990, the statute, unless tolled, had obviously run. ... We think, however, that when the plaintiff received his share of the funds in January of 1989 — at a time when he was represented by counsel — he should have discovered the fact of his alleged injury by the exercise of reasonable diligence.

The one-year period for personal tort actions is not postponed until a plaintiff fully appreciates the emotional effects of an injury when the plaintiff already knows of the injury and who caused it.

Doe a v. Coffee County Board of Education · filed 1992-12-04(a)(1)

Their reluctance to come forward cannot postpone the commencement of the running of either Tenn.Code Ann. § 28-3-104(a)(l) or Tenn.Code Ann. § 29-20-305(b).

The one-year limitations period applies to wrongful-death actions, and a claim accrues when the defendant's involvement is discovered or should have been discovered through reasonable diligence.

Sharon Huffman, the Surviving Mother of Sharon Elaine Bledsoe, a Minor v. Bruce A. Baldwin and Harris Webb · filed 1996-03-25

Any potential cause of action against Harris Webb accrued and the statute of limitations commenced to run when his involvement was discovered or, in the exercise of reasonable care and diligence, should have been discovered. The statute of limitations expired prior to the bringing of an action against Harris Webb.

Section 28-3-104 gives a plaintiff one year to bring a product injury claim, beginning when a reasonable person has an objective factual basis for the claim.

Harwell v. American Medical Systems, Inc. · filed 1992-09-14

AMSI correctly argues that claims for injuries in product liability actions are subject to the provisions of Tenn.Code Ann. § 28-3-104 that such claims are to be brought within one year from the date that a plaintiff sustains his injuries or reasonably should have known of his injuries.

Section 28-3-104 gives a plaintiff one year from the accrual of a personal injury claim to sue; under the discovery rule, the period begins when the injury is or reasonably should be discovered.

Miller v. Niblack · filed 1996-10-09

T.C.A. § 28-3-104 provides that actions for “injuries to the person” are to be commenced within one year after the cause of action accrues. ... Based upon our review of the record, we find that Appellees have failed to carry the burden of persuading this Court that the one-year statute of limitations has run in this case as a matter of law.