Jail lawsuits joined
By Abby Morris
Star Staff
amorris@starhq.com
A federal judge signed a court order on Friday allowing two
class-action lawsuits against Carter County and Sheriff John
Henson citing "inhumane conditions" at the Carter County Jail
to be consolidated as one.
According to court records, U.S. District Court Judge J. Ronnie
Greer filed his court order on Friday at the U.S. District
Courthouse in Greeneville approving the motion for joinder
filed by Johnson City attorney Scott Pratt and Knoxville attorney
John Eldridge on December 31, 2003.
The motion states that the plaintiffs have each brought actions
against the defendants -- Carter County and Henson -- and
have also sought to have their lawsuits designated as class-action
in order to obtain declaratory and injunctive relief. "As
a result, the two lawsuits are seeking the same relief against
the same defendants, except for each individual plaintiff's
claim for damages," the motion states. "The plaintiff's claims
against the defendants arise out of the same transaction,
occurrence, or series of transactions or occurrences. But
for the individual damage claims, the same questions of law
and fact will arise in each action."
Pratt filed the first of the two lawsuits against the County
and Henson in U.S. District Court on Nov. 2, 2003 and the
second was filed in the same court on Dec. 3, 2003. Both lawsuits
seek class-action status.
"I'm glad the judge decided to consolidate the two lawsuits
because with the exception of the individual claims, the two
cases seek the same relief," Eldridge said in a telephone
interview with The Star on Monday. "It just makes sense. The
defendants are both represented by the same attorney in both
cases. Hopefully, this will expedite matters."
The lawsuit filed by Pratt requests that "the court permanently
enjoin the defendants, their agents, officers and employees,
as well as those acting in concert with them, from engaging
in the unlawful practices described in this complaint".
Both lawsuits claim that conditions inmates endure at the
Carter County Jail "fall beneath the minimum standards for
human decency, inflict cruel and needless punishment on all
of the inmates and create an environment that takes a tremendous
toll on the inmates' physical and emotional well-being."
The suits seek an injunction against the defendants in the
hope of correcting the adverse conditions they claim exist
at the detention facility. "Plaintiff and the class seek to
alleviate unsanitary conditions, lack of adequate medical
care, dental care and mental health care, lack of exercise
and recreation, lack of access to legal materials and legal
assistance, lack of fire safety, lack of basic hygiene materials,
lack of adequate supervision, and other unconstitutional conditions
at the facility," the suit filed by Eldridge says.
The first suit was filed by Pratt on behalf of plaintiffs
Michael Todd Davis and Donna Wells. The second was filed by
Eldridge on behalf of Tony Berry.
All three of the plaintiffs were incarcerated in the Carter
County Jail during 2003 and each suffered physical as well
as emotional injury during their time in the detention facility.
The plaintiffs also seek individual claims for damages in
the lawsuits.
Wells said that, while she was an inmate at the jail, she
was bitten by a Brown Recluse spider and did not receive adequate
medical care for the injury when she notified jailers of the
incident and has since developed necrosis, or death of tissue,
in her leg which has left permanent injury.
Davis said that he was assaulted by other inmates on several
occasions while he was imprisoned in the facility due to inadequate
supervision, the complaint states.
Berry said that, while he was incarcerated at the jail, he
received inadequate medical care for his diabetes, which jail
staff had been informed of, and as a result was released on
a medial furlough by a judge because his blood sugar levels
were so out of balance that he had to be hospitalized. He
said he was left with severe and permanent injury, including
some loss of vision, and is disabled.
Both suits contend that the injuries sustained by the plaintiffs
are the result of overcrowding, inadequate facilities and
inadequate staffing at the jail.
"The Carter County Detention Center is inadequately staffed,
inadequately maintained, improperly operated, and unsuited
for the housing, care, and personal security of the inmates
who reside there," the first lawsuit claims. "The jail is
dangerously overcrowded, there are leaks in the ceilings and
roof; ventilation and lighting are inadequate; showers and
toilets do not operate properly and expose inmates to raw
sewage; there is mold an inch think on some of the walls;
medical care is grossly inadequate; inmates are improperly
classified; food service is inadequate and unsanitary, and
there are no facilities or opportunities for recreation or
religious activities."
On Jan. 28, the federal judge presiding over the first lawsuit,
U.S. District Judge Thomas Gray Hull, stepped down from the
case and transferred it to Greer, who was handling the second
lawsuit, according to court records. Hull stepped down to
have both lawsuits on the docket of a single judge, which
simplified the process for joining the two lawsuits.
Knoxville attorney John Duffy has been appointed by Carter
County to serve as the defense counsel in both lawsuits. In
January of this year, Duffy said he had not filed a response
to either lawsuit, as required by law, because he was waiting
to see if the two lawsuits would be joined.
Telephone calls to Duffy's Knoxville office seeking comment
were not immediately returned on Monday. Pratt also could
not be reached by telephone on Monday.