Bee Deselm, et al. v. Tennessee Peace Officers Standards and Training Commission, et al.

Case Number
M2009-01525-COA-R3-CV

This is an appeal of a lawsuit by Knox County citizens to have a former county sheriff decertified as a peace officer. The plaintiffs' first lawsuit was dismissed for failure to exhaust administrative remedies. The plaintiffs then pursued administrative remedies but were denied administrative relief based in part on an administrative finding that they did not have standing to seek the relief requested. After that, the plaintiffs filed this lawsuit, seeking judicial review of the denial of their request for administrative relief. The trial court held that the plaintiffs did not have standing to sue for declaratory relief, but did have standing under Tennessee Code Annotated _ 4-5-322 to obtain judicial review of the administrative decision not to investigate the decertification of the former sheriff. Subsequently, the trial court entered a judgment in favor of the plaintiffs on this claim, remanding the case to the administrative body with instructions to hold a contested case hearing on the decertification of the former sheriff. The plaintiffs and the administrative body both appeal. We affirm in part and reverse in part, concluding that the plaintiffs do not have standing to pursue any of the relief they seek, and dismiss the case.

Authoring Judge
Judge Holly M. Kirby
Originating Judge
Chancellor Ellen Hobbs Lyle
Case Name
Bee Deselm, et al. v. Tennessee Peace Officers Standards and Training Commission, et al.
Date Filed
Dissent or Concur
No
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