Randell Sexton v. David Hart, Et Al.

The pro se appellant, a state inmate, filed a petition for a writ of mandamus in the Davidson County Chancery Court (“trial court”). Averring that correction facility officials had wrongfully withheld back pay due to him for thirty-seven days of work he missed in his prison employment program pending his ultimately successful appeal of a disciplinary action, the petitioner requested that the trial court direct prison officials to tender $1,475.37 in back pay plus interest. The prison officials, represented by the Tennessee Attorney General’s office, filed a motion to dismiss, asserting that the petitioner had waived this action in the trial court by previously filing a claim with the Division of Claims Administration (now known as the Division of Claims and Risk Management) and that the petitioner was not entitled to back pay under the applicable program procedures. In an order entered upon the pleadings, the trial court dismissed the petitioner’s action upon finding that the applicable procedures did not entitle the petitioner to back pay. The petitioner then filed a motion to alter or amend the judgment, which the trial court denied. The petitioner has appealed. Having determined that the trial court lacked subject matter jurisdiction over this action, we vacate the trial court’s order and dismiss this case.