Opinion

James C. Breer v. Quenton White

Court
Court of Appeals of Tennessee
Filed
Aug 23, 2005
Status
Published
On the bench
Presiding Judge W. Frank Crawford
Cited by
0 cases
Authority
More cited than 29.4%

The opinion

IN THE COURT OF APPEALS OF TENNESSEE

AT JACKSON

On-Brief July 14, 2005

JAMES C. BREER v. QUENTON WHITE

A Direct Appeal from the Chancery Court for Lauderdale County

No. 13,049 The Honorable Martha B. Brasfield, Chancellor

No. W2005-00702-COA-R3-CV - Filed August 23, 2005

Petitioner/Appellant is an inmate in the custody of the Tennessee Department of Correction.

This appeal arises from the Appellant’s filing of the underlying pro se petition for common-law writ

of certiorari, seeking review of the Warden’s decision to move him from one housing unit to another.

The trial court dismissed Inmate’s case based upon its determination that the Warden’s decision was

administrative, as opposed to judicial, in nature and that, as such, the common-law writ of certiorari

was not the proper vehicle for review. Inmate appeals. We affirm.

Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Chancery Court Affirmed

W. FRANK CRAWFORD , P.J., W.S., delivered the opinion of the court, in which ALAN E. HIGHERS,

J. and DAVID R. FARMER , J., joined.

James C. Breer, Pro Se

Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Pamela S.

Lorch, Senior Counsel, For Appellant, Quenton White, Tennessee Department of Correction

OPINION

James C. Breer (“Petitioner,” or “Appellant”) is an inmate in the custody of the Tennessee

Department of Correction (“TDOC”). Quenton White (“Respondent,” or “Appellee”) is the

Commissioner of the TDOC.1 Mr. Breer contends that, on or about January 25, 2004, he was placed

in segregation pending an investigation of another inmate’s escape. On February 2, 2004, he was

released from segregation and placed in a minimum security housing unit. At that time, Mr. Breer

expected to be returned to the West Tennessee State Penitentiary Minimum Security Annex (the

“Annex”). However, he subsequently learned that the Warden had determined that Mr. Breer posed

a security risk and that he would not be returned to the Annex for that reason. Mr. Breer claimed that

1

Commissioner W hite is sued in his official capacity only.

the Warden’s decision violated his Fourteenth Amendment due process rights and his liberty

interests and, on April 28, 2004, Mr. Breer filed a “Petition for Writ of Certiorari to Review Action

and/or Determination of the Lower Tribunal” (the “Writ of Certiorari”).

On August 5, 2004, Respondent filed a “Motion to Dismiss,” asserting that Mr. Breer’s Writ

of Certiorari was not the proper vehicle by which to gain review of the Warden’s decision. On

September 17, 2004, Mr. Breer filed a Response to the “Motion to Dismiss”. While the “Motion to

Dismiss” was pending, Mr. Breer filed a Motion for Summary Judgment on October 6, 2004. On

November 8, 2004, Respondent filed an “Objection to Motion for Summary Judgment and Motion

for Extension of Time,” on the basis that it was premature for Mr. Breer to file a motion for summary

judgment while a motion to dismiss was pending. On November 24, 2004, Mr. Breer filed a “Pro

Se Response to Objection on Motion for Summary Judgment”.

On March 7, 2005, the trial court entered its “Order of Dismissal” (the “Order”), granting

Respondent’s “Motion to Dismiss”. The Order reads, in pertinent part, as follows:

The decision to transfer inmates to different housing units is

an administrative decision, not a judicial function as contemplated by

the statute. There was no decision by a board or tribunal, and there

is no record for this Court to review. Thus, there is no right to review

an administrative decision under a petition for common-law writ of

certiorari.

There is no statutory authority for judicial review of

administrative decisions of this type.

Further, the Petitioner did not exhaust his administrative

appeals.

IT IS, THEREFORE, ORDERED, ADJUDGED, AND

DECREED that this petition should be, and is hereby, dismissed.

Mr. Breer appeals from the Order of the trial court and raises three issues for review as stated

in his brief:

I. Whether a Writ of Certiorari is a proper vehicle for challenging an

“administrative decision” upon Appellee’s failure to follow the

Department of Correction’s policies regarding procedural guidelines

for placement on administrative segregation pending investigation,

termination from a minimum security annex, loss of job, loss of

privileges, as a denial of due process?

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II. Whether an appeal lies from a judgment not final in form or

substance?

III. Whether a motion for summary judgment is available to an

initiating party to present evidence not contained in a record, to

support the granting of Petition for Writ of Certiorari?

The primary issue in this case is whether a common-law writ of certiorari is the proper

vehicle for review of the Warden’s decision to move Mr. Breer from the Annex to another housing

unit. T.C.A. § 27-8-101 (2000) governs the issuance of a writ of certiorari and reads, in relevant

part, as follows:

The writ of certiorari may be granted whenever authorized by law,

and also in all cases where an inferior tribunal, board, or officer

exercising judicial functions has exceeded the jurisdiction conferred,

or is acting illegally, when, in the judgment of the court, there is no

other plain, speedy, or adequate remedy....

In Willis v. Tennessee Dep’t of Corrections, 113 S.W.3d 706 (Tenn. 2003), our Supreme Court

further outlined the purpose and scope of a common-law writ of certiorari as follows:

The common-law writ of certiorari serves as the proper

procedural vehicle through which prisoners may seek review of

decisions by prison disciplinary boards, parole eligibility review

boards, and other similar administrative tribunals. See Rhoden v.

State Dep't of Corr., 984 S.W.2d 955, 956 (Tenn.Ct.App.1998)

(citing Bishop v. Conley, 894 S.W.2d 294 (Tenn.Crim.App.1994)).

By granting the writ, the reviewing court orders the lower tribunal to

file its record so that the court can determine whether the petitioner

is entitled to relief.

A common-law writ of certiorari limits the scope of review to

a determination of whether the disciplinary board exceeded its

jurisdiction or acted illegally, fraudulently, or arbitrarily. Turner v.

Tenn. Bd. of Paroles, 993 S.W.2d 78, 80 (Tenn.Ct.App.1999); South

v. Tenn. Bd. of Paroles, 946 S.W.2d 310, 311 (Tenn.Ct.App.1996).

The petition does not empower the courts to inquire into the intrinsic

correctness of the board's decision. Arnold v. Tenn. Bd. of Paroles,

956 S.W.2d 478, 480 (Tenn.1997); Robinson v. Traughber, 13

S.W.3d 361, 364 (Tenn.Ct.App.1999). Previously, we have

specifically approved the use of a common-law writ of certiorari to

remedy (1) fundamentally illegal rulings; (2) proceedings inconsistent

with essential legal requirements; (3) proceedings that effectively

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deny a party his or her day in court; (4) decisions beyond the lower

tribunal's authority; and (5) plain and palpable abuses of discretion.

State v. Willoughby, 594 S.W.2d 388, 392 (Tenn.1980).

Since a writ of certiorari is an order issued by a superior court to compel a board or lower

tribunal to send up its record(s) for a review to determine whether there has been an absence or

excess of jurisdiction, or a failure to proceed according to the essential requirements of the law, see,

e.g., Clark v. Metro. Gov’t of Nashville and Davidson County, 827 S.W.2d 312 (Tenn. Ct. App.

1991), a writ of certiorari presupposes that the inferior board or tribunal has, or should have, created

a record which may, upon issuance of the writ of certiorari, be reviewed by a superior court.

In the absence of a specific statute expressly granting the writ, the writ of certiorari is

available only if the following requirements are met: (1) the order of the administrative body of

which review is sought is one for which no judicial review is provided; (2) the function performed

by the lower tribunal is essentially judicial in nature; (3) the order for which review is sought finally

determines the rights of the petitioner. See Buford v. Tennessee Dep’t of Corrections, No. M1998-

00157-CO-AR3-CV, 1999 WL 1015672 (Tenn.Ct.App. Nov. 10, 1999) (citing Ben H. Cantrell,

Review of Administrative Decisions by Writ of Certiorari in Tennessee, 4 Mem.St.U.L.Rev. 19,

27-28 (1973)). Of these criteria, the primary question in the case at bar is whether the action of the

Warden was essentially administrative or judicial in nature. The question of what constitutes a

“judicial” function in the arena of common-law writs of certiorari is discussed in Ben H. Cantrell’s

law review article as follows:

As Professor Jaffe has shown, the term “judicial,” when used in

connection with the common-law writ, is not a highly technical term.

“Judicial” simply conveys that the writ “has been directed to officers

who made determinations upon a record.”

There is nothing to show that the notion of “judicial”

was a narrowly technical concept requiring nice

distinctions [between “judicial” and “legislative” or

“administrative”] as to the exact character of the

action to be reviewed. It would appear that the gist

was not so much in the character of the action as in

the manner of it, namely that it was taken upon a

record.

Jaffe concludes that, although some jurisdictions have distinguished

“legislative” and “judicial” for purposes of determining whether the

common-law writ is available, the better understanding of “judicial”

in this context is one which affords the common-law writ to review

any “proceeding inter partes where decision is to be taken on a record

made at a hearing required by law.”

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Ben H. Cantrell, Review of Administrative Decisions by Writ of Certiorari in Tennessee, 4

Mem.St.U.L.Rev. 19, 20 (1973)) (citations and footnotes omitted) (emphasis in original).

In the instant case, no hearing was held prior to the Warden’s decision to move Mr. Breer

from the Annex. However, there is no statutory scheme providing for such review. Rather, T.C.A.

§41-4-403(2) (2003) states:

(2) The commissioner of correction has the discretion to determine

the institutional location of inmates within the various security

classifications...

This statutorily endowed discretion makes the Warden’s decision to move Mr. Breer administrative

in nature as opposed to judicial in nature (as that term “judicial” is defined above). Consequently,

the situation at bar fails to satisfy the criteria for issuance of a writ of certiorari as outlined above

and, therefore, the trial court was correct in dismissing Mr. Breer’s case. The specific issues raised

by Mr. Breer are rendered moot by our findings herein.

For the foregoing reasons, we affirm the Order of the trial court. Costs of this appeal are

assessed against the Appellant, James C. Breer, and his surety.

__________________________________________

W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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