Hardeman County Chancery Court Judge William C. Cole’s order dismissing Horwitz Law, PLLC client Benjamin Douglas’s lawsuit against the Tennessee Department of Correction must be reversed, the Tennessee Court of Appeals has ruled. The lawsuit seeks injunctive and declaratory relief based on the safe prisons clause of the Tennessee Constitution, which provides “[t]hat the erection of safe prisons, the inspection of prisons, and the humane treatment of prisoners, shall be provided for.” See Tenn. Const. art. 1, § 32.
“[T]he Trial Court erred in applying the doctrine of exhaustion of administrative remedies. In cases where the exhaustion doctrine is discretionary, a trial court’s decision is entitled to deference, but it is not immune from judicial review. By dismissing Plaintiff’s complaint for failure to exhaust administrative remedies at the motion to dismiss stage, when Defendants failed to properly raise that affirmative defense, the Trial Court applied an incorrect legal standard and employed reasoning causing an injustice to the party complaining. In short, the Trial Court abused its discretion[,]” the Tennessee Court of Appeals’ unanimous opinion explained. The opinion also creates or solidifies other important procedural precedents, including by holding that: (1) a trial-level “reply brief cannot be used to raise new issues[,]” (2) administrative exhaustion is “not mandatory and jurisdictional” under Tennessee Code Annotated § 1-3-121, and (3) considering matters outside the pleadings at the motion to dismiss stage without converting the motion to one for summary judgment is “reversible error.” The victory makes eight straight Tennessee Court of Appeals wins (all as appellant) for the Horwitz Law, PLLC appellate practice team. Selected case documents appear below.
Tennessee Court of Appeals Opinion: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/DouglasBenjaminOPN.pdf
Horwitz Law, PLLC’s Principal Brief: https://horwitz.law/wp-content/uploads/Douglas-COA-Brief-Stampfiled-1.pdf
Horwitz Law, PLLC’s Reply Brief: https://horwitz.law/wp-content/uploads/Douglas-Reply-Brief.pdf
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