MANDELA v. CAMPBELL


978 S.W.2d 531 (1998)

Jabari Issa MANDELA, Appellant, v. Donal CAMPBELL, Commissioner, The Tennessee Department of Correction, Appellee. Luther DAVIS, Appellant, v. Jim ROSE, Assistant Commissioner of the Tennessee Department of Correction; Kevin Myers, Warden; and Rusty Harville, Disciplinary Board Chairman, Appellees.

Supreme Court of Tennessee, at Nashville.

October 19, 1998.


Attorney(s) appearing for the Case

Frank J. Scanlon, Matthew A. Boyd, Nashville, for Appellants Mandela and Davis.

William B. Hubbard, Nashville, for Amicus Curiae, Corrections Corporation of America.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Michael W. Catalano, Associate Solicitor General, Nashville, for Appellees Campbell, Rose, Myers and Harville.

Tom Anderson, Lexington, for Appellees Myers and Harville.


OPINION

HOLDER, Justice.

We granted this consolidated appeal to address the following important issues: (1) whether the Department of Correction's disciplinary policy # 9502.01 improperly delegates responsibility of prison discipline to a private contractor; and (2) whether the Department of Correction's disciplinary policies are "rules" within the ambit of the Uniform Administrative Procedures Act. We have carefully reviewed the relevant statutes, law,...

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