Ogburn v. Tennessee Department of Correction

OPINION

BEN H. CANTRELL, Judge.

An inmate in the Tennessee prison system sought a declaratory judgment that the Tennessee Department of Correction’s Policy 502.02 was unconstitutional and that it was also unenforceable because it was not promulgated according to the Administrative Procedures Act. The Chancery Court of Davidson County dismissed the petitioner’s claims. We affirm.

I

In May of 1989 Robert L. Ogburn received a sentence of thirteen years in the state prison for robbery and first degree burglary. He was paroled in April of 1991 but was returned to prison in May of 1993 for violating…