Tenn. Code Ann. § 28-3-104

Section 28-3-104 gives a plaintiff one year after a personal injury claim accrues to sue; a plaintiff who was put on inquiry about the cause of her injuries cannot delay that deadline until learning of a possible defect.

Haley v. American Honda · filed 1997-10-29(a)(1)

Tennessee Code Annotated § 28-3-104(a)(1) provides that actions for injuries to the person must be commenced within one (1) year after the cause of action accrues. ... In the case at bar, plaintiff’s use of the seat belt would alert her to any defect that would allow the restraint to fail, and she was, at the very least, put on inquiry as to how she sustained her injuries. In the record before us, summary judgment on the negligence and strict liability claims was proper.

Personal injury actions must be filed within one year after accrual; the discovery rule delays accrual until the plaintiff becomes aware of the injury.

Hunter v. Brown · filed 1997-11-10(a)

Actions to recover damages for personal injuries must be commenced “within one (1) year after the cause of action accrued.” Tenn.Code Ann. § 28-3-104(a)(Supp.1996). ... The discovery rule simply delays the accrual of the cause of action until the plaintiff is aware of the injury. Hunter was aware of the injury and the wrong, at the very latest, when she had the abortion in 1982.

The one-year period for personal injury actions runs from accrual, and whether the plaintiff exercised reasonable diligence in discovering the injury can be a question for the jury.

Hamblen v. Davidson · filed 2000-11-08

Under T.C.A. § 28-3-104 (Supp.1999), actions for personal injuries must be brought within one year after the cause of action accrues. ... Construing this evidence in the light most favorable to Plaintiff, we find that the Defendant did not meet his burden of showing that no material issue of fact exists as to whether Plaintiff exercised reasonable diligence. We hold, therefore, that whether the Plaintiff exercised due diligence in this case is a matter of fact for the jury to decide.

Section 28-3-104(a)(1) gives a plaintiff one year from accrual to file a personal injury action; under the discovery rule, the period begins when reasonable diligence would reveal an injury caused by wrongful conduct.

Steinbrunner v. Tuner Funeral Home, Inc. · filed 2001-08-28(a)(1)

The applicable statute of limitations for actions involving personal injury is one year from the time the cause of action accrues. T.C.A. §28-3-104(a)(1) (2000). ... As a result, we agree with the trial court that any injury arising from the burial, disinterment, and reburial of decedent is barred by the one-year statute of limitations.

Section 28-3-104(a)(3) sets a one-year limitations period for civil rights damages actions, and a factual dispute about when the plaintiff discovered the injury can prevent summary judgment.

Stovall v. Dunn · filed 2002-06-11(a)(3)

Because Mr. Stovall’s affidavit opposing Mr. Dunn’s summary judgment motion is undisputed, the trial court erred by concluding that Mr. Dunn had demonstrated that there were no genuine disputes of material fact and that he was entitled to a judgment as a matter of law because Mr. Stovall’s complaint was time-barred under Tenn. Code Ann. § 28-3-104(a)(3).

Section 28-3-104 imposes a one-year limitations period on personal tort actions; claims filed outside that period can be dismissed on summary judgment.

Ball v. Union Carbide Corp. · filed 2002-09-17(a)(1), (3)

All of the defendants maintain that Tennessee’s one-year statute of limitations for personal tort actions bars the plaintiffs’ claims. Tenn.Code Ann. § 28-3-104(a)(1), (3) (2000). ... The court finds that the individual defendants are all entitled to summary judgment on basis of the statute of limitations issue raised by the defendants in both Heiser and Ball.

Section 28-3-104 gives intentional infliction of emotional distress claims a one-year limitations period, and the discovery rule may determine when that period begins.

Leach v. Taylor · filed 2004-01-20

In contrast, intentional infliction of emotional distress is a personal injury tort, governed by the general one-year statute of limitations. Tenn. Code Ann. § 28-3-104 (2000). There is no language in this statute of limitations precluding application of the discovery rule. Indeed, the discovery rule is routinely applied to determine when a cause of action accrues under this statute.

The one-year period for personal injury claims begins when a reasonably diligent person has reason to know of the injury and its possible cause; widespread publicity may provide that notice.

Heiser v. Union Carbide Corp · filed 2004-09-30(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 gives personal injury claims a one-year limitations period, which the discovery rule does not toll when the injury is immediate and apparent.

Schultz v. Davis · filed 2007-07-23

T.C.A. § 28-3-104 provides a one-year statute of limitations for personal injury actions. ... There can be little doubt that Maryann Schultz discovered her injury on August 7, 2002. By all accounts, her injury was immediate and apparent; one hundred-twenty pounds of sheetrock falling upon her leg could hardly be characterized otherwise. Therefore, we agree with the district court’s conclusion that the discovery rule did not toll the running of the statute of limitations.

Section 28-3-104’s one-year limitations period bars a legal malpractice claim when the plaintiff knew of the alleged injury more than a year before filing.

In Re: The Estate of Charles R. Ray, Tony v. Carruthers v. Sandra B. Ray · filed 2008-01-31

Assuming his allegations to be true, plaintiff knew that he had been injured by Ray’s purported wrongful conduct at least by that date, if not sooner. Accordingly, plaintiff’s claims were barred by either statute of limitations, the Trial Court properly dismissed plaintiff’s action and the discovery plaintiff sought would have no bearing on the statute of limitations issue.

Section 28-3-104(a)(1) gives a plaintiff one year to bring a personal injury claim, and the discovery rule does not extend that period when reasonable diligence would have identified the defendant in time.

Strine v. Walton · filed 2010-04-15(a)(1)

The parties are in agreement that Plaintiff’s personal injury claim against Son has a one-year statute of limitations. See Tenn. Code Ann. § 28-3-104(a)(1) (2000). ... Thus, exercising reasonable diligence (i.e., by reading Walton’s answer), Plaintiff knew, or reasonably should have known, no later than April 7, 2006, that it was Son, not Father, who loaned Walton the vehicle. Plaintiff did not amend her complaint to add Son as a defendant until June 9, 2008, over two years later. Thus, the Trial Court properly held that the statute of limitations on any personal injury claim against Son had run, and we affirm the Trial Court on this final issue.

Section 28-3-104(a)(1) gives plaintiffs one year to bring a personal injury claim, with the discovery rule delaying that period until they know or should know their injury resulted from wrongful conduct.

Dutton v. Farmers Group, Inc. · filed 2010-06-22(a)(1)

As the trial court found, the gravamen of Plaintiffs’ claims are personal injury, and there is a one-year statute of limitations for personal injury causes of action. See Tenn. Code Ann. § 28-3-104(a)(1) (2000). ... After reviewing the record and viewing the facts in the light most favorable to Plaintiffs, we determine that the discovery rule tolled the statute of limitations until November 2004.

Section 28-3-104(a)(2) gives a plaintiff one year to bring a malpractice action against an attorney, whether based in contract or tort, and is subject to the discovery rule.

Credential Leasing Corporation of Tennessee, Inc. v. White · filed 2016-05-17(a)(2)

The version of Tennessee Code Annotated § 28-3-104(a)(2) applicable to this action provided that ―[a]ctions 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 . . . ,‖ shall be commenced within one year after the cause of action accrued. This statute of limitations is similarly subject to the discovery rule discussed above.

Personal injury actions must be filed within one year after the cause of action accrues; the period begins when the plaintiff discovers or reasonably should discover the injury.

Cort Dondero, Et Ux. v. Accuray Incorporated · filed 2018-07-26(a)(1)(A)

Tennessee Code Annotated section 28-3-104 provides that actions based on injuries to the person shall be commenced within one year after the cause of action accrued. ... For the reasons discussed in detail below, we agree with the defendants’ assertion that the Donderos’ causes of action accrued, at the very latest, by September 8, 2014. ... Accordingly, we conclude that all of the claims were time-barred, and the defendants were entitled to summary judgment on that basis.

If applicable, the section’s one-year period for statutory-penalty actions does not bar a claim filed within one year after the plaintiff discovers the injury.

Matthews v. Bank of America Corporation, N.A. · filed 2019-12-04(a)(1)(C)

So the parties dispute whether the Court should apply the one-year period of Tenn. Code Ann. § 28-3-104(a)(1)(C) for actions seeking statutory penalties, or the ten-year period of Tenn. Code Ann. § 28-3-110(a)(3) for “all other cases not expressly provided for.” However, this debate is academic because this action is timely under either. ... Mrs. Matthews is entitled to the equitable exception of the discovery rule. ... She is deemed to have discovered her HECMA claim as of April 19, 2018, when BOA first notified her of its intent to foreclose. ... Mrs. Matthews filed the Amended Petition in the Smith County Chancery Court less than eleven months after April 19, 2018 – on March 6, 2019 – making it timely.

Section 28-3-104(a)(1)(C) gives a subcontractor one year to sue for Prompt Pay Act retainage penalties, subject to the discovery rule when the escrow violation was unknown and unknowable.

Snake Steel, Inc. v. Holladay Construction Group, LLC · filed 2020-01-22(a)(1)(C)

As a result, the one-year statute of limitations period applicable to “statutory penalties” governs this claim. ... For reasons the Supreme Court and this court have stated for applying the discovery rule to toll the running of the statute of limitations in other situations, we conclude that the discovery rule should apply to PPA claims for the $300-per-day penalty allowed by Tenn. Code Ann. § 66-34-104(c) to prevent the inequity that would result from a strict application of the one-year statute of limitations “at a time when injury is unknown and unknowable.” Teeters, 518 S.W.2d at 515.

Personal injury claims have a one-year limitations period; a wounded appearance immediately after a medical procedure does not, by itself, establish when a claim accrued.

Jones v. Invasix Inc. · filed 2020-05-19(a)(1)(A)

Accordingly, the mere fact that she, for example, took on a wounded appearance in the days following the procedure is not enough to allow the court to assume, for Rule 12(b)(6) purposes, that her claims accrued at that time.

The one-year period for personal injury claims begins when the plaintiff knows or reasonably should know of a wrongful injury, even if its severity or legal basis remains unclear.

Wanke v. Invasix Inc. · filed 2020-05-19(a)(1)(A)

Accordingly, in this case, it is immaterial when Wanke knew or should have known how severe her injuries were or that the defendants violated any particular legal prohibition; what matters is when she knew or should have known that some wrongful injury had occurred.

Personal injury claims have a one-year limitations period; a later diagnosis does not delay accrual when the plaintiff knew or should have known that the incident caused an injury.

Duventre v. Home Depot U.S.A., Inc. · filed 2021-08-24(a)(1)(A)

Tennessee law establishes a one-year statute of limitations for personal injury claims. Tenn. Code Ann. § 28-3-104(a)(1)(A). ... Although she may have received an incorrect diagnosis about her knee pain, her cause of action accrued when she fell and was injured because she knew or should have known that her fall had caused legally cognizable damage.

Section 28-3-104 gives a plaintiff one year to bring a personal injury action; learning a defendant’s identity after discovering the injury does not toll that period.

Smith v. Amazon.com, Inc. (TV2) · filed 2021-10-07(a)(1)(A)

Tennessee Code Annotated § 28-3-104 provides a one-year statute of limitations for actions for “injuries to the person.” ... Accordingly, as a matter of law, the statute of limitations could not toll during the period after plaintiff knew she was injured yet did not know of Mesko.

A personal injury action arising from an automobile accident must be filed within one year of the accident when the accident puts the plaintiff on notice of a possible injury.

Haywood v. Trexis Insurance Corporation · filed 2021-04-12(a)(1)

Here, the cause of action accrued on the date of the accident, i.e. October 9, 2018. Therefore, the statute of limitations began to run on October 10, 2018 and expired on October 9, 2019. Thus, Ms. Haywood was required to file her action against Mr. Farmer on or before October 9, 2019.

The one-year limitations period for a negligence claim begins when the plaintiff has notice of an injury resulting from wrongful conduct; later discovery of a potential defendant’s specific conduct does not restart it.

McGhee-Twilley v. CoreCivic of Tennessee, LLC · filed 2024-03-27(a)(1)(A)

Accordingly, for the same reasons detailed above with respect to the § 1983 claim, the Court finds – albeit under applicable state law principles – that Plaintiff’s negligence claim against Jones and Stokes accrued and that the statute of limitations began to run on March 28, 2022, when Mr. Twilley was killed.

Section 28-3-104(a)(1)(A) sets a one-year limit for personal injury claims, subject to the discovery rule when a plaintiff could not reasonably discover another party’s role in the injury.

Turner Casey v. Catholic Diocese of Memphis · filed 2025-07-03(a)(1)(A)

Tennessee law, which applies to this case brought based on diversity jurisdiction, provides a one-year statute of limitations for “injuries to the person.” ... If Casey alleges that he plausibly could not trace Defendants’ involvement, the discovery rule tolls the statute. ... The Court finds that the statute of limitations does not bar Plaintiff’s claims at this stage.

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

Primm v. Tennessee Department of Correction · filed 2019-08-27(a)(1)(B)

Plaintiff attempts to avoid Tennessee’s one-year statute of limitations that pertains to § 1983 claims, Tenn. Code Ann. § 28-3-104(a)(1)(B), by asserting that she did not learn until 2018 that her arrest was unconstitutional. ... Because Plaintiff’s unlawful arrest occurred in June 2013, the limitations period for that claim expired well before Plaintiff filed this lawsuit.

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

Ingram v. Tennessee Department of Health · filed 2019-09-27(a)(3)

In Tennessee, that statute of limitations prescribes a limitations period of one year. Tenn. Code Ann. § 28-3-104(a)(3).

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

Harvey v. State of Tennessee · filed 2019-10-09(a)(1)

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)(1).

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

Delk v. Bumphus · filed 2019-10-11(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)(1)(B) imposes a one-year limitations period on § 1983 claims brought in Tennessee.

Gwin v. McWherter · filed 2019-10-23(a)(1)(B)

Even if Gwin’s claims against McWherter were not barred by the Eleventh Amendment, they are barred by the one-year statute of limitations applicable to § 1983 claims. See Tenn. Code Ann. § 28-3-104(a)(1)(B). ... Thus, the one-year limitations period expired more than twenty-two years before Gwin’s claims against McWherter were filed on March 20, 2017.

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

Ingle v. Shelby County Gov. · filed 2019-11-01(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).

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

Morgan v. Stansberry · filed 2019-12-11

In Tennessee, the limitations period is one year. See Tenn. Code Ann. § 28-3-104; Moore v. Tennessee, 267 F. App’x 450, 455 (6th Cir. 2008); 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). ... Accordingly, the applicable statute of limitations bars any claims by Plaintiff arising prior to October 29, 2017.

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

Bailey v. Holloway · filed 2020-01-07(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). ... As Plaintiff did not file his complaint until nearly two years after that, however, it is apparent from the face of the complaint that these claims are untimely.

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

Taylor v. State of Tennessee · filed 2020-01-07(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).

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

Wilborn v. Criminal Justice Center · filed 2020-01-09(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). ... Wilborn alleges he was arrested on April 10, 2018. He therefore had until April 10, 2019, to file a complaint. He signed his complaint on July 19, 2019, over three months too late.

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

Durham v. Martin · filed 2019-05-14(a)(3)

The one-year statute of limitations in Tenn. Code Ann. § 28-3-104(a)(3) applies to civil rights claims arising in Tennessee.

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

William Thomas, Jr. v. Copeland · filed 2018-12-12(a)(1)(B)

Tennessee’s one-year statute of limitations for civil rights claims governs Thomas’s § 1983 claim. See Wilson v. Garcia, 471 U.S. 261, 275 (1985); Johnson v. Memphis Light Gas & Water Div., 777 F.3d 838, 843 (6th Cir. 2015); Tenn. Code Ann. § 28-3-104(a)(1)(B).

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

Parks v. Lebo · filed 2019-08-12(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 Parks had against Middleton ran on August 12, 2017. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a), and Roberson v. Tenn., 399 F.3d 792, 794 (6th Cir. 2005)).

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

Burley v. Humphries-Dixon · filed 2020-01-24(a)

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

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

Zundel v. Eric Holder, Jr. · filed 2012-05-07(a)(3)

Here, Zundel has not shown that applying the Tennessee one-year limitations period for personal tort actions is inconsistent with federal law or policy.

Section 28-3-104 provides a one-year limitations period for civil rights claims; Tennessee’s discovery rule did not toll that period here.

Stratienko v. Chattanooga-Hamilton County Hospital Authority · filed 2010-11-17

Relevant Tennessee law provides a one-year statute of limitations for civil rights claims and a three-year statute of limitations for claims about tortious interference with contracts.3 Tenn. Code Ann. §§ 28-3-104 to -105; 1:08 R. 303 (Dist. Ct. Op. Granting Summ. J. at 16–23). ... Third, the discovery rule does not toll the relevant Tennessee statute of limitations. ... Because tolling was unavailable, Stratienko’s non-antitrust claims against Mutter, Fisher, and Shumaker were time barred.

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

Porter v. George Brown, Jr. · filed 2008-08-19(a)

And our precedent has long made clear that the limitations period for § 1983 actions arising in Tennessee is the one-year limitations provision found in Tenn. Code Ann. § 28-3-104(a).

Section 28-3-104(a)(1) provides a one-year limitations period for civil rights claims arising in Tennessee.

McMillan v. Edwards · filed 2002-12-09(a)(1)

The one-year statute of limitations period contained in Tenn. Code Ann. § 28-3-104(a)(l) applies to civil ...rights claims arising in Tennessee.

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

Mason v. Department of Justice · filed 2002-06-17(a)(3)

Mason concedes that the appropriate statute of limitations for his Bivens action arising in Tennessee is one year. See Tenn.Code Ann. § 28-3-104(a)(3); Merriweather v. City of Memphis, 107 F.3d 396, 398 (6th Cir.1997); Jackson v. Richards Med. Co., 961 F.2d 575, 578 (6th Cir.1992). This one-year statute of limitations applies to claims filed against federal defendants pursuant to Bivens. ... Because equitable tolling is not available to Mason, the statute of limitations in this case began to run, at the latest, in 1994 when forfeiture of his properties was concluded. As more than one year has since passed, the district court was correct in concluding that Mason’s claims are time-barred.

A civil rights claim based on denial of the right to vote satisfies the one-year filing period when filed within one year of the refusal at the polls.

Lawson v. Shelby County · filed 2000-05-03(a)(3)

Tennessee law requires that actions brought under the federal civil rights statutes shall be commenced within one year after the cause of action accrues. Tenn.Code Ann. § 28-3-104(a)(3). ... The complaint was then filed within one year after the cause of action accrued, thus satisfying the statute of limitations.

Section 28-3-104(a) requires a § 1983 action to be filed within one year after the claim accrues.

Berndt v. Stinson · filed 1982-05-20(a)

The plaintiff was required to have commenced this action within one year after his cause-of-action herein accrued, which, at the very latest, was March 3, 1982. T.C.A. § 28-3-104(a); ... The complaint herein was not lodged with the clerk until April 13, 1982, outside the statutory period of limitations.

Section 28-3-104 provides a one-year limitations period for civil rights actions, running from accrual, and a malicious prosecution claim accrues upon favorable termination of the underlying criminal proceeding.

Dunn v. The State of Tennessee · filed 1983-04-18

It is agreed that the one-year provision of 4A Tenn.Code Ann. § 28-3-104 is applicable. ... To require this type 1983 claim to be filed prior to the final successful disposition of the underlying criminal charge would create unwarranted federal intrusion into state affairs. Such a claim does not fully accrue until the successful termination of the state criminal proceedings. Normally a conviction alone is sufficient to establish probable cause of a prosecution. We think, therefore, that the statute of limitations in question begins to run at the time of the termination of the state proceeding.

Section 28-3-104(a) sets a one-year limitations period for § 1985 and Bivens claims.

Windsor v. a Federal Executive Agency · filed 1984-03-13(a)

Accordingly, each of Mr. Windsor’s claims against the individual-defendants is governed by the 1-year period of limitation of T.C.A. § 28-3-104(a), supra.

Section 28-3-104 provides a one-year limitations period for damages claims under federal civil rights statutes, including § 1983.

Sevier v. Turner · filed 1984-09-20

The most closely analogous Tennessee action is a civil action “for compensatory or punitive damages, or both, brought under the federal civil rights statutes____” Tenn.Code Ann. § 28-3-104. The limitations period for such actions is one year, Id.

Section 28-3-104 provides a one-year limitations period for civil actions for compensatory or punitive damages brought under federal civil rights statutes.

Sharon Puckett, Cross-Appellee v. Tennessee Eastman Company, Cross-Appellant · filed 1989-11-07

It is now established by Hoge that Tenn.Code Ann. § 28-3-104, the general statute of limitations for claims asserting a violation of federal civil rights, is applicable in actions under Tenn.Code Ann. § 4-21-311.

Section 28-3-104 gives civil rights actions arising in Tennessee a one-year limitations period.

Kessler v. Board of Regents · filed 1984-07-11

It is undisputed on this appeal that a one-year statute of limitations applies to civil rights cases arising in Tennessee. ... All the events Kessler complains of up to and including Kessler’s termination in August, 1980, are barred by the one year statute of limitations.

Actions under federal civil rights statutes must be commenced within one year after the cause of action accrues.

Doe v. Sullivan County, Tennessee · filed 1992-02-10(a)(3)

Tennessee law provides that actions brought under the federal civil rights statutes must be commenced within one year after the cause of action accrued. Tenn.Code Ann. § 28-3-104(a)(3) (Supp.1991).

Section 28-3-104 gives an injured person one year from the date of injury to file a products liability action.

Advey v. Celotex Corp. · filed 1992-04-28

Tenn.Code Ann. § 28-3-104 is the governing statute of limitations for products liability cases and provides that injured persons have one year from the date of an injury in which to file an action.

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

Frederick v. State of Tennessee · filed 1993-01-22(a)

The one-year limitations period for personal tort actions found in Tenn.Code Ann. § 28-3-104(a) applies to civil rights actions that arise in Tennessee.

Section 28-3-104(a)(3)'s one-year period applies to a civil rights challenge to vehicle forfeiture based on personal constitutional rights, even when the plaintiff seeks declaratory and injunctive relief.

Hill v. State of Tenn. · filed 1994-09-28(a)(3)

Therefore, this Court finds that Plaintiffs claim is most analogous to a personal injury claim, rather than one for property damage, and that Tenn.Code Ann. § 28-3-104(a) is the applicable statute.

Section 28-3-104(a)(3) provides a one-year limitations period for civil actions seeking compensatory or punitive damages under federal civil rights statutes.

Caldwell v. Rowland · filed 1996-03-12(a)(3)

Tennessee law, Tenn.Code Ann § 28-3-104, provides a one year period of limitation in which to bring such suits.

Section 28-3-104 sets a one-year limitations period for § 1983 actions in Tennessee; the court cannot extend it on a party’s motion, though tolling may apply.

Redd v. Gilless · filed 1994-06-29

Tenn.Code Ann. § 28-3-104 (1988), setting a one-year statute of limitations in Tennessee for violations of section 1983. ... This court cannot extend the statute of limitations on a party’s motion, although the statute may be tolled for various reasons.

Section 28-3-104(a) supplies a one-year limitations period for § 1981 claims in Tennessee, measured from when the cause of action accrues.

Harper v. BP Exploration & Oil Co. · filed 1995-08-23(a)

In Tennessee, the one-year limitations period under Tenn.Code Ann. § 28-3-104 has been consistently applied as the appropriate limitations period. Id. This statute requires the filing of the action within one year after the cause has "accrued." Tenn.Code Ann. § 28-3-104(a). ... Therefore, the Court finds that Plaintiff's claim for relief under § 1981 based on BP's decision not to enter into a franchise agreement with him regarding the Charlotte Avenue station and other locations is not time-barred.

Section 28-3-104(a) provides a one-year limitations period for personal injury actions, which the court applies to Title IX lawsuits in Tennessee.

Lillard v. Shelby County Board of Education · filed 1996-02-21(a)

The Tennessee limitations period for personal injury claims is one year. Tenn.Code Ann. § 28-3-104(a); see Jackson v. Richards Medical Co., 961 F.2d 575, 578 (6th Cir.1992). ... Instead, the applicable limitations period should be the one-year period provided under Tennessee law for personal injury actions.

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

King v. A.C. Gillis Cherry Miller · filed 1996-11-19

The appropriate statute of limitation to be applied to § 1983 cases arising in Tennessee is T.C.A. § 28-3-104, which prescribes a one year limitation period.

Section 28-3-104(a) provides the one-year limitations period for § 1983 civil rights complaints filed in Tennessee.

Meehan v. John Rees K. Meyers Alan Bargery Danny Scott Patrick Blackburn Reda Boynton David Keating Annie Bell Howard Cook Diana Owen · filed 1997-03-27(a)

The most analogous Tennessee statute is that found at Tenn.Code Ann. § 28-3-104(a), which provides a one-year limitations period.

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

Clifton v. Sundquist · filed 2001-01-26(a)(1)

The one year statute of limitations period contained in Tenn.Code Ann. § 28-3-104(a)(1) applies to civil rights claims arising in Tennessee.

Section 28-3-104(a)(3) provides a one-year limitations period for federal civil rights actions arising in Tennessee.

Vaughn v. Vaughn · filed 2001-05-08(a)(3)

The statute of limitations for actions arising in Tennessee and brought under the federal civil rights statutes is one year. Tenn. Code Ann. § 28-3-104(a)(3); Merriweather v. City of Memphis, 107 F.3d 396, 398 (6th Cir.1997). ... Thus, even if Vaughn had a federal cause of action, it accrued more than one year before she filed her complaint and was barred by Tennessee’s statute of limitations.

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

Griffin v. Eidson · filed 2001-08-10(a)(3)

Griffin’s complaint is time-barred. For § 1983 actions arising in Tennessee, the statute of limitations is one year. See Tenn.Code Ann. § 28-3-104(a)(3); Berndt v. Tennessee, 796 F.2d 879, 883 (6th Cir. 1986).

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

Sharpe v. Cureton · filed 2003-02-13(a)(3)

Tennessee law provides for a one year statute of limitations for § 1983 actions. See Tenn.Code Ann. § 28-3-104(a)(3); Berndt v. Tennessee, 796 F.2d 879, 883 (6th Cir.1986).

Section 28-3-104(a)(3) provides a one-year limitations period for civil rights claims under 42 U.S.C. §§ 1982 and 1983.

Middlebrook v. City of Bartlett · filed 2003-03-07(a)(3)

The Tennessee statute of limitations for civil rights violations under § 1982 or § 1983 is one year.

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

Gray v. City of Jackson · filed 2003-06-25(a)

The one-year statute of limitations period contained in Tenn.Code Ann. § 28-3-104(a) applies to civil rights claims arising in Tennessee.

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

Rogers v. Clevinger · filed 2004-03-19(a)(3)

The one year statute of limitations set forth in Tenn. Code Ann. § 28-3-104(a)(3) applies to civil rights claims arising in Tennessee.

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

Alley v. Key · filed 2006-04-20(a)(3)

Plaintiffs theory, which this Court has accepted, is that this is a civil rights action under 42 U.S.C. § 1983. Plaintiff is bound by the Tennessee statute of limitations governing such actions in the state courts.

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

Bruce v. Correctional Medical Services · filed 2010-07-21

The statute of limitations in Tennessee for a civil rights action for damages is one year after the cause of action accrued.

Section 28-3-104(a)(3) provides a one-year limitations period for civil actions brought under federal civil rights statutes.

Woodward v. City of Gallatin · filed 2012-07-30(a)(3)

As this Court has noted before, Tennessee law provides for a one-year statute of limitations for civil actions brought under federal civil rights statutes. Tenn.Code Ann. § 28-3-104(a)(3); Roberson v. Tennessee, 399 F.3d 792, 794 (6th Cir.2005); see also Hughes v. Vanderbilt Univ., 215 F.3d 543, 547 (6th Cir.2000); see also Berndt v. Tennessee, 796 F.2d 879, 883 (6th Cir.1986).

Section 28-3-104(a)(3) sets a one-year limitations period for civil rights actions filed under federal statutes.

Johnston v. Swing · filed 2013-07-26(a)(3)

We have determined, as the trial court did, that the plaintiff’s claims related to the first Board meeting are time-barred. ... Mr. Johnston does not appeal the trial court’s finding that his § 1983 claims related to the May 1, 2007 incident are barred by the one-year statute of limitations for civil rights actions filed pursuant to federal statutes. See Tenn. Code Ann. § 28-3-104(a)(3).

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

Randall Mills v. Barnard · filed 2017-08-28(a)

Because the statute-of-limitations period for § 1983 suits is determined by state law, the relevant limitations period for the suit is one year. See Tenn. Code Ann. § 28-3-104(a); Jackson v. Richards Med. Co., 961 F.2d 575, 578 (6th Cir. 1992).

The one-year limitations period for federal civil rights actions applies to a section 1983 claim seeking declaratory relief.

Nunn v. Tennessee Department of Correction · filed 2017-10-23(a)(1)(B)

We find this reasoning persuasive and conclude that Nunn’s claim for declaratory relief under section 1983 is subject to the one year statute of limitations that would govern a claim for damages under the statute.

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

Doe v. Rausch · filed 2019-05-20(a)(1)(B)

It is well settled that in Tennessee claims under 42 U.S.C. § 1983 are subject to a one-year statute of limitations.

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

Allen v. Hutchison · filed 2019-06-04(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)(3) supplies a one-year limitations period for § 1983 actions in Tennessee.

Phifer v. Officer Moneymaker · filed 2019-07-29(a)(3)

Tennessee applies a one-year statute of limitations to § 1983 actions. ... Accordingly, Plaintiff’s March 21, 2019, complaint setting forth claims arising out of out of an incident on March 2, 2017, is clearly time-barred.

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

Hayes v. Memphis City Police Department · filed 2019-08-14(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) supplies a one-year limitations period for federal civil rights claims brought in Tennessee, including procedural due process claims.

Ahad v. Wilkie · filed 2019-09-19(a)

That means Tennessee’s one-year limit applies. Montgomery v. Carter County, 226 F.3d 758, 772 (6th Cir. 2000); Tenn. Code Ann. § 28-3-104(a).

Section 28-3-104(a)(3) requires federal civil rights actions to be commenced within one year after the cause of action accrues.

Lawrence v. State of Maryland (PLR3) · filed 2019-09-26(a)(3)

Tenn. Code Ann. § 28-3-104(a)(3) provides that actions brought under the federal civil rights acts shall be commenced within one year after the cause of action accrues.

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

Cox v. City of Jackson, Tennessee · filed 2019-09-30(a)(1)(B)

In Tennessee, such claims are governed by the state’s one-year statute of limitations for civil rights actions. See Thomas v. Copeland, 758 F. App’x 377, 380 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)(1)(B)). ... Accordingly, the wrongful detention claims of Plaintiffs Nagy, Irvin, Fason, and Kirk are untimely and are DISMISSED.

Section 28-3-104(a)(1)(B) gives federal civil rights damages claims a one-year limitations period.

Lowe v. Parris · filed 2019-06-25(a)(1)(B)

(a)(1) Except as provided in subdivision (a)(2), the following actions shall be commenced within one (1) year after the cause of action accrued: (A) Actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise; (B) Civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; ... Tenn. Code Ann. § 28-3-104(a)(1). Here, Plaintiff filed his Complaint on April 10, 2018. As such, Plaintiff failed to raise his claims against the Alcoa Defendants, the Blount County Defendants, and Messrs. Gibson and Whitman until nearly twenty years after his causes of action arose. Accordingly, all of Plaintiff’s claims against the Alcoa Defendants, the Blount County Defendants, and Messrs. Gibson and Whitman are time- barred.

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

Brazelton v. McGee · filed 2020-02-28(a)

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

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

Coe v. United States of America · filed 2020-04-24(a)

Pursuant to Tenn. Code Ann. § 28-3-104(a), the one-year statute of limitations period is applicable to Bivens actions brought in Tennessee.

Section 28-3-104(a)(1)(B) provides a one-year limitations period for federal civil rights actions, including § 1983 claims.

Farr v. Centurion of Tennessee, LLC (PSLC1) · filed 2020-10-06(a)(1)(B)

Tennessee applies a one-year statute of limitations to federal civil rights actions, including those under § 1983.

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

Cooper v. Lawson (TV2) · filed 2020-10-19(a)(3)

In Tennessee, a one-year statute of limitations applies to civil actions brought under federal civil rights statutes.

Section 28-3-104(a) provides a one-year limitations period for personal actions under federal civil rights statutes.

Johnson v. Knox County, Tennessee · filed 2022-03-25(a)

Tennessee provides a one- year statute of limitations for personal actions under federal civil rights statutes. See Sharpe v. Cureton, 319 F.3d 259, 266 (6th Cir. 2003) (citing Tenn. Code Ann. § 28-3-104(a)).

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

Irizarry v. Rowland · filed 2022-07-26(a)(1)

In short, because no misconduct by any defendant is alleged to have occurred within a year of this case’s filing, the plaintiff’s claims under Section 1983 are time-barred.

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

Goyer v. Ashe "Camp Admin" United States of America · filed 2023-04-04(a)(1)(B)

The limitations period for § 1983 actions and Bivens actions arising in Tennessee is the one-year limitations provision found in Tenn. Code Ann. § 28-3-104(a)(1)(B). ... Goyer’s Medical Care Claim and Excessive Force Claim against Ashe and the USA are time-barred by the statute of limitations.

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

Anderson v. Parker · filed 2022-08-05(a)(1)(B)

claims are time-barred by the one-year statute of limitations applicable to § 1983 claims in Tennessee.

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

Littlejohn v. Core Civic · filed 2022-08-17(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, Tenn. Code Ann. § 28-3-104(a)(1).

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

Rucker v. Lindamood · filed 2022-08-26

In Tennessee, actions brought under 42 U.S.C. § 1983, must be brought within one year.

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

Eichelberger v. Sullivan County Sheriff's Office · filed 2022-09-14

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). ... Accordingly, the Court finds Plaintiff’s § 1983 claims time- barred, and this action will be dismissed as frivolous.

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

Franklin v. Rausch · filed 2022-09-14(a)(1)

Therefore, Plaintiff’s claim is subject to a one-year statute of limitations under Tennessee law. Id.; Tenn. Code Ann. § 28-3-104(a)(1).

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

Williams v. Towers · filed 2022-11-03(a)

For Section 1983 claims arising in Tennessee, the statute of limitations is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)). ... Accordingly, Plaintiffs Section 1983 claims are untimely by more than a year.

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

Yeager v. Widdal · filed 2022-11-17

Because § 1983 does not contain its own limitations period, this Court must apply Tennessee’s statue 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)(3) governs the timeliness of Tennessee § 1983 claims, while federal law determines when those claims accrue.

King v. Fitzgerald (JRG1) · filed 2023-01-13(a)(3)

Although Tennessee Code Annotated § 28-3-104(a)(3) governs the timeliness of Mr. King’s claims under § 1983, courts do not rely on it to determine when these claims became actionable, or simply, when the statute of limitations begins to run.

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

Harris v. Moyers · filed 2023-02-14(a)

Tennessee provides a one-year statute of limitations for personal actions under federal civil rights statutes.

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

Spangler v. Eschette · filed 2023-02-21

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

Montgomery v. Gentry · filed 2023-03-03(a)(3)

Because Plaintiff filed this action outside the one-year statute of limitations, this claim is time-barred, and Defendant Gentry is entitled to a judgment as a matter of law on this claim.

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

Jefferies v. Lee · filed 2023-03-30(a)(1)(B)

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

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

Robinson v. Fuson · filed 2023-04-05(a)(1)(B)

The statute of limitations for Section 1983 claims in Tennessee is the one-year period established in Tenn. Code Ann. § 28-3-104(a)(1)(B).

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

Crutchfield v. Weakley County · filed 2023-05-16(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(a) supplies a one-year limitations period for Section 1983 claims brought in Tennessee.

Fletcher v. T.N. Bureau of Investigations · filed 2023-05-26(a)

Under state law, the statute of limitations that applies 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)(B) supplies the one-year limitations period for § 1983 claims in Tennessee.

Houston, Jr. v. Turner · filed 2023-06-05(a)(1)(B)

The statute of limitations for Section 1983 claims in Tennessee is the one-year period established in Tenn. Code Ann. § 28-3-104(a)(1)(B).

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

Whiteside v. Smith · filed 2023-07-07(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) supplies a one-year limitations period for Section 1983 claims arising in Tennessee; the period is tolled while a prisoner exhausts required administrative remedies.

Diaz v. Akinyele · filed 2023-08-07(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)). ... For claims regarding Akinyele’s alleged denial of medical treatment, therefore, the Court considers the limitation period tolled until the August 17 grievance was no longer pending, on March 8, 2022. Plaintiff filed this case within one year of that date, on March 1, 2023. ... Accordingly, the Court will not dismiss this case as untimely based on the face of the pleadings.

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

Jackson v. Allen · filed 2023-08-08(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) supplies the one-year limitations period for § 1983 actions filed in Tennessee.

Johnson v. Taylor · filed 2023-11-02(a)(1)

Section 1983 actions filed in Tennessee are governed by the one- year state statute of limitations applicable to personal injury actions and actions under the federal civil rights laws, Tenn. Code Ann. § 28-3-104(a)(1).

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

Stanley v. Roger D Wilson Detention Facility · filed 2024-01-05(a)(1)(B)

The Court applies Tennessee’s one-year statute of limitations to Plaintiff’s § 1983 claims.

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

Carmody v. Tennessee Department of Corrections · filed 2024-02-01

Tennessee’s statute of limitations for personal injury actions is applicable to Plaintiff’s § 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) sets a one-year limitations period for § 1983 claims in Tennessee.

Smith v. City of East Ridge · filed 2024-03-25(a)(1)(B)

Specifically, Tennessee’s one-year statute of limitations applies to these claims. ... But Plaintiff did not file these claims until more than a year later, specifically on September 26, 2023. Thus, these claims are time-barred.

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

Benfield v. Trivette · filed 2024-04-22

And Tennessee’s one-year statute of limitations for personal injury actions applies to Plaintiff’s § 1983 claims. See Wallace v. Kato, 549 U.S. 384, 387 (2007); Tenn. Code Ann. § 28-3-104.

Section 28-3-104(a)(1)(A) supplies the one-year limitations period for Title III ADA claims in Tennessee.

George v. Overall Creek Apartments, LLC · filed 2024-06-21(a)(1)(A)

Moreover, to the extent the plaintiff intended to state a claim under Title III of the ADA as well (which is not entirely clear from the FAC), ADA claims in Tennessee are governed by the one-year statute of limitations set forth in Tenn. Code Ann. § 28-3-104(a)(1)(A), not the two-year period set out in the FHA, making any ADA claim time-barred as well.

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

Owens v. Hill · filed 2024-10-09(a)(1)(B)

The limitations period for § 1983 actions arising in Tennessee is one year.

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

Gilliam v. Hawkins County Facility Jail · filed 2024-11-14

Tennessee’s one-year statute of limitations for personal injury actions is applicable to Plaintiff’s § 1983 claims.

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

Brooks v. Wilson · filed 2024-12-06(a)(1)(B)

Having reviewed the Magistrate Judge’s Report and Recommendation de novo and the entire record of the proceedings, the Court hereby ADOPTS the Report and Recommendation in its entirety. ... The Magistrate Judge then determined that the claims not previously presented were also time-barred because the limitations period for § 1983 actions arising in Tennessee is one year under Tenn. Code Ann. § 28-3-104(a)(1)(B), and the events in question clearly happened more than one year prior to the filing of the complaint.

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

Biffle v. Tennessee Child Support · filed 2025-01-08(a)

The statute of limitations for Plaintiff’s § 1983 claim is one year. See Eidson, 510 F.3d at 634; Tenn. Code Ann. § 28-3-104(a).

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

Clark v. Cruther · filed 2025-01-17(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).

Section 28-3-104(a) supplies a one-year limitations period for Title II civil rights claims.

Townes v. CITY OF MEMPHIS · filed 2025-01-28(a)

So the Court applies Tennessee’s one-year limitations period in Tenn. Code Ann. § 28-3-104(a) to Title II claims.

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

Letsinger v. Northeast Correctional · filed 2025-02-18

Tennessee’s one-year statute of limitations for personal injury actions is applicable to Plaintiff’s Section 1983 claims.

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

Blevins v. White · filed 2025-02-21

Tennessee’s one-year statute of limitations for personal injury actions is applicable to Plaintiff’s § 1983 claims. 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)(B) supplies a one-year limitations period for federal claims under § 1983 in Tennessee.

SW Nashville EB Owner, LLC v. The Metropolitan Government of Nashville and Davidson County, Tennessee · filed 2025-03-20(a)(1)(B)

In Tennessee, the one year statute of limitations set forth in Tenn. Code Ann. § 28-3- 104(a)(1)(B) governs federal claims under § 1983.

Section 28-3-104(a)(1)(B) gives federal civil rights damages actions, including § 1983 claims, a one-year limitations period.

Strazzullo v. City of Morristown, Tennessee · filed 2025-09-26(a)(1)(B)

Thus, the statute of limitations on this claim expired on December 31, 2023, one year later. See Tenn. Code Ann. § 28-3-104(a)(1)(B). Because this claim was raised for the first time in the January 2, 2024, complaint, it is time-barred.

Section 28-3-104(a)(3)’s one-year period does not apply to an action seeking review of an agency order merely because the complaint calls it a civil rights action.

Davidson v. Traughber · filed 2005-12-29(a)(3)

Upon reviewing Davidson’s Complaint, it is clear that the Complaint is solely concerned with the TDOC’s denial of his petition for a declaratory ruling. Regardless of the terminology used in asserting the action to be a civil rights action, it is in fact an action seeking review of the September 16, 2003 order of the Department of Correction. The sixty day statute of limitations provided by T.C.A. 27-9-102 bars the action.

Section 28-3-104 provides a one-year limitations period for personal injury actions, but it does not save an action barred by the ten-year products liability statute of repose.

Jones v. Methodist Healthcare · filed 2001-10-08

Plaintiffs further contend that this is an action for personal injury and is thus governed by Tenn.Code Ann. § 28-3-104. This statute provides a one year statute of limitations for injuries to the person. ... Having determined that the trial court was correct in its ruling that the Plaintiffs’ action was barred by the ten year statute of repose, we reject this argument.

The one-year limitations period for a strict liability claim against a seller begins when the manufacturer is adjudicated bankrupt, if that adjudication first permits the claim against the seller.

Billy Allan Braswell, et ux v. AC and S, Inc. · filed 2002-09-30

From the foregoing analyses, we conclude that the General Assembly intended the limitation period against the seller would begin to run at the time the manufacturer was adjudicated bankrupt.

The one-year limitations period for a strict liability claim against a product seller begins when the manufacturer is adjudicated bankrupt and the seller becomes subject to suit.

Braswell v. AC & S, Inc. · filed 2002-12-19(a)(1)

In this case, the statute prohibits the plaintiff from bringing the action against the seller until one of the conditions set forth in the statute has been satisfied. From the foregoing analyses, we conclude that the General Assembly intended the limitation period against the seller would begin to run at the time the manufacturer was adjudicated bankrupt.

Section 28-3-104 provides a general one-year statute of limitations that remains in effect alongside the products liability Act's ten-year ceiling.

Stutts v. Ford Motor Co. · filed 1983-11-02

The Act does not repeal, alter, or amend T.C.A. § 28-3-104. In § 29-28-103, the limitation of actions provision of the Act, the general one-year statute of limitations (§ 28-3-104) is expressly mentioned as remaining in effect. The ten-year ceiling does not amend existing limitations but is superimposed upon them.

Section 28-3-104's one-year personal injury limitations period cannot be used with the discovery rule to extend the deadline set by the products liability statute of repose.

Spence v. Miles Laboratories, Inc. · filed 1992-11-20

The one year personal injury statute of limitations, § 28-3-104, is specifically referenced in the products liability statute of repose, and is to be construed in pari materia therewith. ... The judicially created discovery rule cannot extend the ceiling or absolute time limit established by the statute of repose.

Section 28-3-104(b)’s protections for products liability claims do not override the ten-year statute of repose in § 29-28-103(a).

Wyatt v. A-Best Products Co. · filed 1995-11-30(b)

A cursory comparison of the language quoted above with that of T.C.A. § 29-28-103(a) (“notwithstanding any exceptions to these provisions [which would include § 28-3-104(b) 1 ... in any event, the action must be brought within ten (10) years ...” (emphasis added) provides the answer to that contention — there is no conflict between the two statutes.

Tenn. Code Ann. § 28-3-104(a)(3) supplies a one-year limitations period for Bivens claims brought in Tennessee.

Jackson v. United States · filed 1998-10-05(a)(3)

The Government correctly contends that the statute of limitations applicable to Jackson’s Bivens claims is one year.

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

Terry v. Memphis Housing Authority · filed 2006-03-21(a)(3)

Under Tennessee law, where the Plaintiffs claims arose, a one-year statute of limitations applies to § 1983 actions.

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

Hebron v. Shelby County Government · filed 2010-12-22(a)

Tennessee’s one- year statute of limitations applies to the plaintiffs’ § 1983 claims. Montgomery v. Carter Cnty., 226 F.3d 758, 772 (6th Cir. 2000); see Tenn. Code Ann. § 28-3-104(a).

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

Carlson v. Hardeman County · filed 2019-06-26(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 Carlson had against Councilman Joy ran on January 25, 2019. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a), and Roberson v. Tenn., 399 F.3d 792, 794 (6th Cir. 2005)). Carlson filed her Motion to Amend on April 22, 2019, almost three months after the limitations period had expired.

Section 28-3-104 provides a one-year limitations period for common-law negligence claims.

Cahoon v. Premises Health Holding Corporation · filed 2021-06-16

But he contends, appropriately, that the limitations period is provided by the statute of limitations dealing with common law negligence claims (Tenn. Code Ann. § 28-3-104) rather than the statute of limitations dealing with health care liability claims (Tenn. Code Ann. § 29-26-116(a)).

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

Johnson v. Lewis · filed 2023-08-31(a)

Sixth Circuit precedent “has long made clear that the limitations period for § 1983 actions arising in Tennessee is the one-year limitations provision found in Tenn. Code Ann. § 28-3-104(a).” Porter v. Brown, 289 F. App’x 114, 116 (6th Cir. 2008) (citing, e.g., Hughes v. Vanderbilt Univ., 215 F.3d 543, 547 (6th Cir. 2000) ). As this action was not filed until June 2023, any claim related to an incident occurring in 2021 would be time-barred.

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

Shuler v. Weeks · filed 2023-09-11(a)

However, a one-year statute of limitations applies to § 1983 claims arising in Tennessee, per Section 28-3-104(a) of the Tennessee Code.

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

Ayers v. City of Memphis, Tennessee · filed 2025-05-21(a)

Sergeant Battle is correct. Ayers can only proceed against Sergeant Battle if his claims “relates back” under Fed. R. Civ. P. 15 because the applicable statute of limitations has long since expired. ... (citing Tenn. Code Ann. § 28-3-104(a)) (holding that the statute of limitations applicable to § 1983 claims brought in Tennessee is one year). ... Because Ayers brought his claims against Sergeant Battle long after the limitations period passed, and his claims do not relate back to the date of the original pleading, they are time-barred and must be DISMISSED WITH PREJUDICE.

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

Taylor v. Cole · filed 2025-07-29(a)(1)(B)

Tennessee’s one-year statute of limitations applies to Plaintiff’s claims. Harris v. United States, 422 F.3d 322, 331 (6th Cir. 2005) (noting that federal district courts apply a state’s statute of limitations to § 1983 claims); Tenn. Code Ann. § 28-3-104(a)(1)(B) (setting forth one-year statute of limitations for § 1983 claims).

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

Bey · filed 2026-02-06

Even so, Plaintiff cannot otherwise sustain any § 1983 claims against Defendant Doe related to the incidents in his complaint, which occurred on or about January 29, 2025, because the statute of limitations for Plaintiff’s § 1983 claims is one year. 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). Plaintiff did not further amend his complaint to name Defendant Doe within one year of the events giving rise to Plaintiff’s claims, so he is now barred from obtaining § 1983 relief against Defendant Doe.

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

Arnold · filed 2026-03-09(a)(1)(B)

As the Court previously noted (Doc. 8, at 8), and as Plaintiff agrees in his response to that order (Doc. 9, at 1), Tennessee’s one-year statute of limitations applies to Plaintiff’s claims. ... Accordingly, the Court finds that all of Plaintiff’s § 1983 claims arising out of incidents that occurred prior to August 15, 2023, are time-barred, and they are therefore DISMISSED.

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

McGuire · filed 2026-03-12

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) supplies a one-year limitations period for § 1983 claims arising in Tennessee.

Morgan · filed 2026-03-19(a)(1)

So, too, with Plaintiff’s 1983 claims, which are also subject to a one-year statute of limitations. ... This date plainly falls outside the one-year limitation period for THRA and § 1983 claims.

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

Higby · filed 2026-06-22(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)). ... Accordingly, any claims that accrued in Franklin or Lincoln County in July and August 2023 are time-barred.

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

Eidson v. TN Dept Child Serv · filed 2007-12-20(a)(3)

The parties agree that a one-year limitation period, borrowed from Tennessee law, Tenn. Code Ann. § 28-3-104(a)(3), applies in this case. ... Accordingly, because we conclude that the rule of Heck does not apply in the pre-conviction setting to delay accrual of plaintiff’s due process cause of action, we concur in the district court’s ruling that plaintiff’s § 1983 claims are time-barred.

Section 28-3-104(a)(1) applies a one-year limitation period to misrepresentation claims for lost earnings when no property right was injured.

Sakaan v. FedEx Corporation, Inc. · filed 2016-12-21(a)(1)

Like the trial court, we conclude that Mr. Sakaan’s claims were subject to the one- year limitation period contained in Tennessee Code Annotated section 28-3-104. The allegations in the complaint are indicative of a tort to the person, not a tort involving an injury to a property interest.