All Content

Posted by: Tanja Trezise on Jun 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Andrew Love, Nashville, Tennessee, for the appellant, Joe Mosley.

Attorneys 2:

Herbert H. Slatery, III., Attorney General and Reporter; Andrée Blumstein, Solicitor General; Pamela S. Lorch, Senior Counsel, for the appellee, State of Tennessee.

Judge(s): STAFFORD

Plaintiff, a former inmate with the Tennessee Department of Correction, filed suit in the Tennessee Claims Commission against the State of Tennessee for monetary damages. Plaintiff alleged that the State held him in custody longer than the term of his sentence and improperly applied certain sentence-reducing credits. He titled his cause of action as one for “negligent care, custody, and control” of which he asserted the Claims Commission had jurisdiction pursuant to Tennessee Code Annotated Section 9-8-307. The State filed a motion to dismiss, arguing that plaintiff?s claim was one for the “negligent deprivation of statutory rights,” and that the relevant statutes did not provide a private right of action. The Claims Commission granted the State?s motion to dismiss. Plaintiff appealed. Discerning no error, we affirm.