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Dismissed Paruresis Action Remanded for Proper Venue
Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. His action was dismissed for an improper venue but remanded on appeal for transfer to a proper venue.
Hawkins claimed that he was unable to urinate in the presence of others and should have been placed in a "dry room" or offered an alternative method for drug detection. Failing to produce monthly samples, he was written up seven times, assessed 110 days punitive segregation and loss of privileges, and acquired an additional three years of mandatory testing. He claimed that no medical personnel were allowed at the hearings and that the Tennessee Department of Corrections allowed only medical, and not mental health, exceptions to excuse non production. The Davidson County Court dismissed the petition because its filing was statutorily mandated in the county where he was incarcerated. He appealed.
The Court of Appeals of Tennessee at Nashville agreed that the venue was of the wrong jurisdiction but held that dismissal was inappropriate because Hawkins was entitled to statutorial allowances and remanded in the interest of justice. See: Hawkins v. Tennessee Department of Corrections, 127 S.W.3d 749 (Tenn. App. 2002).
Hawkins claimed that he was unable to urinate in the presence of others and should have been placed in a "dry room" or offered an alternative method for drug detection. Failing to produce monthly samples, he was written up seven times, assessed 110 days punitive segregation and loss of privileges, and acquired an additional three years of mandatory testing. He claimed that no medical personnel were allowed at the hearings and that the Tennessee Department of Corrections allowed only medical, and not mental health, exceptions to excuse non production. The Davidson County Court dismissed the petition because its filing was statutorily mandated in the county where he was incarcerated. He appealed.
The Court of Appeals of Tennessee at Nashville agreed that the venue was of the wrong jurisdiction but held that dismissal was inappropriate because Hawkins was entitled to statutorial allowances and remanded in the interest of justice. See: Hawkins v. Tennessee Department of Corrections, 127 S.W.3d 749 (Tenn. App. 2002).
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Related legal case
Hawkins v. Tennessee Department of Corrections
| Year | 2002 |
|---|---|
| Cite | 127 S.W.3d 749 (Tenn. App. 2002) |
| Level | State Court of Appeals |
| Injunction Status | N/A |