Johnson for Estate of Debra Johnson v. Fitz
2:24-cv-02722
| W.D. Tenn. | Jun 10, 2025Background
- Debra Johnson, a West Tennessee State Penitentiary employee, was murdered by an inmate on August 7, 2019.
- Shernaye Johnson, on behalf of Debra Johnson’s estate, filed an initial lawsuit against Warden John Fitz under 42 U.S.C. § 1983 and Tennessee state law on August 6, 2020—just under the one-year statute of limitations.
- Johnson voluntarily dismissed the first lawsuit without prejudice on June 8, 2021, then refiled a second lawsuit on June 8, 2022, within one year of the dismissal.
- The second lawsuit was dismissed for failure of service on September 29, 2023.
- Johnson filed a third lawsuit on September 29, 2024, relying on Tennessee’s savings statute to preserve her claims, even though more than one year had passed since the first dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations | Savings statute gives a new one-year period after each non-merits dismissal. | Only the first dismissal triggers the one-year savings period for any subsequent suit. | Dismissed as untimely; claims not filed within one year of first dismissal. |
| Applicability of Tennessee’s savings statute | Plaintiff can refile within one year of each dismissal, not just the first. | Tennessee law limits refiling—must be within one year from the first dismissal, not subsequent ones. | Court agrees with Defendant; only first dismissal counts for savings period. |
Key Cases Cited
- Wilson v. Garcia, 471 U.S. 261 (1985) (statute of limitations for federal civil rights claims borrows from state law)
- Henley v. Cobb, 916 S.W.2d 915 (Tenn. 1996) (Tennessee savings statute is interpreted liberally, but not without limits)
- Balsinger v. Gass, 379 S.W.2d 800 (Tenn. 1964) (savings statute period begins after first dismissal; subsequent dismissals do not reset period)
- Reed v. Cincinnati, N. O. & T. P. Ry. Co., 190 S.W. 458 (Tenn. 1916) (no indefinite succession of lawsuits under savings statute)
- Turner v. N. C. & S. L. Ry., 285 S.W.2d 122 (Tenn. 1955) (subsequent suits must be brought within a year of the first nonsuit)