Tennessee Section 1983 Statute of Limitations
Borrowed limitations period
1 year
Tenn. Code Ann. § 28-3-104(a)(1)
Federal courts in Tennessee sit in the Sixth Circuit .
Not verified. Confirm the statute
Section 28-3-104(a)(1) names civil actions under the federal civil rights statutes expressly. Subdivision (a)(2) extends the period to two years when the injury is also the subject of a criminal prosecution that meets its conditions. Read (a)(2) if you were charged.
This page was compiled on 2026-09-06 from the statute text linked above. Read that text yourself and confirm the period in force on your incident date. Nothing here is a substitute for the statute. If a shorter period could apply, file by the shorter date.
What the 1 year covers
Section 1983 borrows the state's general personal-injury limitations period. Wilson v. Garcia, 471 U.S. 261 (1985); Owens v. Okure, 488 U.S. 235 (1989). For a violation that happened in Tennessee, that period is 1 year under Tenn. Code Ann. § 28-3-104(a)(1). It applies to every Section 1983 claim from the incident, whether the theory is excessive force, false arrest, unlawful search, retaliation, or a Monell claim against the city.
If Tennessee has a shorter deadline for a specific tort such as assault or false imprisonment, that shorter deadline does not control. Section 1983 uses the general period.
When the clock starts
Accrual is a question of federal law. The period starts when you have a complete and present cause of action, which for most police encounters means the day it happened. Three exceptions matter:
- False arrest. Accrues when you are first held under legal process, usually your first court appearance, not when charges are dismissed. Wallace v. Kato. In Tennessee, that means the false-arrest count must be filed within 1 year of that first appearance, even if the criminal case is still pending. Ask the court to stay the civil case if it is.
- Fabricated evidence and malicious prosecution. Accrue when the criminal case ends without a conviction. McDonough v. Smith; Thompson v. Clark.
- Claims that would undermine a conviction. Do not accrue while the conviction stands. Heck v. Humphrey.
A worked example
Suppose the arrest and the force happened on March 3, and you first appeared before a judge on March 4. The excessive-force count accrues March 3. The false-arrest count accrues March 4. Both must be filed within 1 year of those dates. If the charges are dismissed the following year, a malicious-prosecution count accrues on the dismissal date and has its own 1 year from there.
Tolling
Rules that pause the period also come from Tennessee law, unless they conflict with federal policy. The doctrines most often raised in Section 1983 cases are tolling for minority, tolling for legal incapacity, and equitable tolling where the defendant concealed facts that prevented you from knowing you had a claim. Some states toll during imprisonment; many do not. If your case depends on tolling, research the Tennessee rule and the Sixth Circuit's treatment of it before you file. Tolling is fact-specific and is denied more often than it is granted.
Filing the complaint stops the clock. A pending records request, a complaint to internal affairs, or a notice-of-claim letter does not. Read Statute of Limitations and Tolling in a Section 1983 Case for the full discussion and tolling for the doctrine.
What to do now
- Write down the incident date and the date of your first court appearance.
- Add 1 year to each. If a note above says the period recently changed, use the shorter result.
- Compare those dates to today. If either is within six months, read the deadline map and start the complaint. Read How to Write a Section 1983 Complaint.
- If the criminal case is still pending, file the civil case on time and move to stay it.
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