STANLEY FINNEY v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL. - Articles

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Posted by: Tanja Trezise on Mar 27, 2013

Court: TN Court of Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General & Reporter; William Young, Solicitor General; Pamela S. Lorch, Senior Counsel, Nashville, Tennessee, for the appellants, Tennessee Department of Correction; Commissioner George M. Little; Jim Worthington, Warden, Brushy Mountain Prison; Sgt. Larry Ward, Disciplinary Board Chairman.

Attorneys 2:

Stanley Finney, Mountain City, Tennessee, appellee, pro se.

Judge(s): SUSANO

This is the second appeal stemming from Stanley Finney’s prisoner disciplinary proceeding. Finney filed a petition seeking a common law writ of certiorari after he was disciplined for a violation of prison rules. Respondents, the Tennessee Department of Correction and its Commissioner (collectively “TDOC”) did not oppose the writ. The trial court granted the writ and TDOC filed a motion for judgment “on the record.” The trial court granted the motion and dismissed Finney’s claim. Finney appealed. In that first appeal, this Court vacated the order of dismissal and remanded for further proceedings. On remand, the trial court summarily granted Finney another disciplinary hearing. TDOC appeals. We vacate the judgment entered on remand and return the case to the trial court for further proceedings.

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