(a) A court may dismiss a claim filed by an inmate, either before or after service of process on the defendant, if the court finds that:

Terms Used In Tennessee Code 41-21-804

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Claim: means any lawsuit or appeal filed by an inmate except a petition for post-conviction relief. See Tennessee Code 41-21-801
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Inmate: means a person housed in a facility operated by the department, housed in a county jail or housed in a correctional facility operated by a private corporation pursuant to a contract with the state or local government. See Tennessee Code 41-21-801
  • Service of process: The service of writs or summonses to the appropriate party.
(1) The allegation of poverty in the inmate’s affidavit is false; or
(2) The claim is frivolous or malicious.
(b) In determining whether a claim is frivolous or malicious under subsection (a), the court may consider whether or not:

(1) The claim has a chance of success;
(2) The claim has a basis in law and in fact; and
(3) The claim is substantially similar to a previous claim filed by the inmate in that the present claim arises from the same operative facts.
(c) The court may hold a hearing to determine whether the allegation of poverty filed with the claim is false or whether the claim is frivolous or malicious. This hearing may be held before or after service of process on the defendant and may be held on motion of the court, a party to the claim or by any officer of the court.
(d) On the filing of a motion described under subsection (c), the court shall suspend all discovery relating to the claim pending the outcome of the hearing.
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