Dwight Mitchell v. State of Tennessee, Department of Health

Plaintiff filed a declaratory judgment action in 2017, seeking to have the chancery court invalidate two final orders entered against him by the Tennessee Department of Health, one entered in 2008, revoking his license to operate a residential home for the aged, and the second entered in 2011, placing him on the Tennessee Abuse Registry. Upon the Department’s motion, the chancellor dismissed the action for lack of subject matter jurisdiction, for failure to timely seek review under the Administrative Procedures Act, and on the basis of res judicata. The plaintiff appeals; on our de novo review, we affirm the dismissal of the petition for failure to comply with the judicial review provisions set forth in Tennessee Code Annotated section 4-5-322.