RONALD TERRY v. TENNESSEE DEPT OF CORRECTIONS ET AL. - Articles

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Posted by: Tanja Trezise on Jul 28, 2014

Court: TN Court of Appeals

Attorneys 1:

Ronald Terry, Pikeville, Tennessee, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, and Jennifer L. Brenner, Nashville, Tennessee, for the appellees, Tennessee Department of Correction, Roland B. Colson, John Fisher, Sandra Hall, Derrick D. Schofield, Bill Smith, and Jason Woodall.

Judge(s): CLEMENT

An inmate in the custody of the Tennessee Department of Correction filed this petition for common law writ of certiorari challenging his placement in involuntary administrative segregation. He contends his placement in administrative segregation is punitive, and violates his constitutional due process rights as well as Department rules. The respondents assert that his placement in administrative segregation was non-punitive because it was necessary for the safety of staff and other inmates; respondents also assert that a writ of certiorari is not the appropriate means to challenge a non-punitive action. Following a review of the record, the trial court dismissed the petition. Finding no error in the trial court’s determination that the inmate’s placement was non-punitive and that, as such, the common law writ of certiorari was not the proper means of challenging his status, we affirm.

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