Stanley Finney, vs. Tennessee Dept. of Correction, et al

Petitioner, a prisoner, filed a Common Law Writ of Certiorari in the Chancery Court, alleging that he had been illegally disciplined while incarcerated. Respondents agreed that the writ should be granted and thereafter they filed a Motion to Dismiss the action. The Trial Judge dismissed the writ and petitioner has appealed. On appeal, petitioner argues that the allegations set forth in his petition must be taken as true under the Rules of Civil Procedure. The factual allegations pled by petitioner, when taken as true, state a cause of action. We therefore vacate the Order of Dismissal and remand for further proceedings.