County responds to lawsuit
By Abby Morris
Star Staff
amorris@starhq.com
The lawyer representing Carter County and Sheriff
John Henson in a lawsuit brought against both that cites "inhumane"
conditions at the Carter County Jail has filed in federal
court a response to the complaints of all three plaintiffs.
In his response, filed Tuesday, Knoxville attorney
John Duffy, on behalf of the County and Henson, denies many
of the accusations made against the defendants.
In the lawsuit - originally two lawsuits joined
as one earlier this month - Duffy denies that the constitutional
rights of inmates at the jail were denied them as the plaintiffs
contend.
In his response to the lawsuit, Duffy said the
County and Henson recognize that there is an overcrowding
problem at the Carter County Jail that could contribute to
complaints by the plaintiffs. "It is admitted that the Carter
County Jail has a TCI (Tennessee Corrections Institute) rated
capacity of 91, and has housed as many as 237 prisoners at
any given time, particularly on weekends," the Duffy said
in his response.
Despite the fact that the jail is overcrowded,
the defendants deny that the overcrowding resulted in any
inmate having to sleep on a bare floor as one plaintiff alleges.
The County and Henson also deny that the overcrowding situation
has resulted in inmate assaults. "It is admitted that prisoners
generally are subject to varying levels of stress that would
be expected as a result of committing crimes and being incarcerated.
It is also admitted that, in any jail exists occasional random
acts of fighting between prisoners," the response states.
"It is denied that any stress levels or violence
are the cause of or result from unconstitutional conditions
of confinement."
The lawsuit claims that alleged instances of
violence occurred as a partial result of lack of adequate
supervision at the jail, which the response denies. According
to the response, there are closed-circuit cameras installed
in hallways and in each individual cell block of the jail.
"It is admitted that the Sheriff and jail officials would
prefer to have additional correctional officers if the Sheriff's
Department budget, which is fixed by the Carter County Commission,
allowed for same," the response states.
One portion of the lawsuit contains the individual
claims brought by the three plaintiffs, which include allegations
that officials at the Carter County Jail did not provide adequate
medical care for inmates incarcerated at the facility. In
addition to denying to have failed to provide adequate medical
care for inmates, Duffy states that it is his opinion that
the individual claims against the County and Henson do not
belong in a class-action lawsuit as they are not representative
of the entire class and as such they "must be adjudicated
separately".
Duffy also said the plaintiffs failed to make
use of administrative remedies available to them to correct
their individual complaints as required by the Prison Litigation
Reform Act.
A hearing in the case has been scheduled before
Magistrate Judge Dennis H. Inman on April 26 to hear a motion
filed by the plaintiffs to give the lawsuit a class-action
status and a motion filed by the plaintiffs calling for a
preliminary injunction against the jail.