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Posted by: Amelia Ferrell Knisely on May 23, 2016

Court: TN Court of Appeals

Attorneys 1:

Jeffrey Walton, Whiteville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter, Andrée Sophia Blumstein, Solicitor General, and Madeline B. Brough, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Correction.

James I. Pentecost and Nathan D. Tilly, Jackson, Tennessee, for appellees, Cherry Lindamood, Trudy Powell, and Vivian Oliver.

Judge(s): GOLDIN

Appellant, an inmate at a state prison operated by a private contractor, filed the underlying pro se petition for a writ of certiorari to challenge the result of a disciplinary proceeding against him. The trial court dismissed the petition against the private contractor?s employees on the ground that these employees could not impose punishment on the inmate under Tennessee Code Annotated Section 41-24-110(5) and were, thus, not proper parties to the petition. As to the Appellee Tennessee Department of Correction, the trial court dismissed the petition, finding that the board had not acted illegally, arbitrarily, or fraudulently and that the inmate had not stated a claim for violation of due process. We affirm and remand.