State of Tennessee v. David Gilliam

In this consolidated appeal, the State challenges the trial court's dismissal of the charges of official misconduct, see T.C.A. _ 39-16-402 (2006), and official oppression, see id. _ 39-16- 403, against each defendant. The State contends that the court erroneously concluded that the defendants, as employees of Corrections Corporation of America, were not public servants as that term is used in Tennessee Code Annotated sections 39-16-402 and -403. Because we agree with the State, we reverse the trial court's order dismissing the charges in each case and remand the cases to the Criminal Court of Hamilton County.