Lawsuit against CCA, Metro Davidson government

8/18/2019 Lawsuit against CCA, Metro Davidson government

1/9

ESTATE

OFNONNIE

KASBEN,

WANDA BROWN, PENNY

ABUIARACH,

JASON MCCAWLEY,

MICHAEL DICE,

THOMAS SCALF,

DESTINY KASBEN, and DALTON

KASBEN,

IN THE

CIRCUIT COURT

FOR DAVIDSC

20™

JUDICIAL DISTRICT, NASHVILLE,

Plaintiffs

vs,

CORRECTIONS CORPORATION

OFAMERICA,

METROPOLITAN

GOVERNMENTOF

NASHVILLE

AND

DAVIDSON COUNTY,

Defendants.

Docket No.;

tUCJl

AOl

JURY DEMAND

COMPLAINT

The

family

members and Estate

of

Ms. Nonnie Kasben,

by

Counsel,

respectfully

sue the Defendants as

ollows:

1.

Ms. Nonnie Kasben

was a citizen and resident of Nashville, Davidson

County, Tennessee. At the t ime

of

her

death,

Ms.

Kasben was

incarcerated.at

Metro-

Dav idson County

Detention

Facility.

2. Wanda Brown ishe Mother of Ms. Kasben. Penny Abularach and

Jason

McCawleyare,he siblings of Ms.

Kasben. Michael

Dice

Thomas

Scalf, estinyKasben,

and

Dalton

Kasben

are

the children

ofMs.

Kasben.

3.

Metro-Davidson County Detention Facility

is located at

5115

Harding

Place, Nashville,TN 37211, in DavidsonCounty,Tennessee,

4.

Metro-Davidson

County

Detention Facility is

managed

and

operated by

Corrections

Corporation of

America,

5. At the time of Ms. Kasben's death, she

was

under thecare and supervision

of the

Corrections

Corporation of

America

at

the Metro-Davidson

County Detention

Page 1

of 6

Exhibit

Case 3:16-cv-00805 Document 1-1 Filed 04/26/16 Page 1 of 9 PageID #: 4


2/9

Facility.

6. The initial autopsy of

Ms.

Kaben listed as her cause of death an acute

overdose of a controlled substance,

7. At the time of

her death,

Ms. Kasben had been incarcerated for over

two

(2)

months.

8.

Ms. Kasben did not

have

visitors

for a number

of days

prior to her death.

9.

The

Metro-Davidson

County Detention Facility was

on lock

down*

fora

number of days

prior to the

death

of Ms.

Kasben,

meaning there

were

no

visitors

permitted

during

that

t ime

period.

10.

Ms. Kasben received a controlled substance from

someone,

while

incarcerated at the

Metro-Davidson

County Detention

Facility.

Hi Ms. Kasben was present at breakfast

on the

datie of her death. When the

corrections personnel next conducted a count of

inmates,

Ms, Kasben was foaming at the

mouth and

suffering

from

violent seizures.

12.

Ms.

Kasben did not

receive immediate medical

treatment,

despite the

existence of an

in-house medical

facility.

13. Paramedics

did not make contact

with Ms.

Kasben

until approximately

thirty (30) minutes'after corrections personnel were made aware of her. seizing and foaming.

Param edics were presentoutside the hallway, while Ms.

Kasben

was

seizing

and

foaming,

but

they were not permitted to enter in a timeiy mariner.

14. Paramedics were not able

to

reach Ms. Kasben un til aftershe hadalready

died.

Count

I-

Failure

to

Render Aid

15. The Metropolitan Government of Nashville and

Davidson

County and

Page:2of 6



3/9

the

Corrections

Corporation of America are liable for failing to render aid to Ms. Kasben

in

a.timely manner. The in house medical staff did not respond, no. one

with

emergency

medical training

responded, and

paramedics

were

kept ata distance

for approximately thirty

(30) minutes,

until

Ms.

Kasben

had

already

died.

The

Metropolitan Government of

Nashville and

Davidson Countyhada special relationship

with

Ms.

Kasben, as

an

inmate in

its

custody, and

furthermore, the Corrections Corporation of America, as. the operator of

the institution

in which

Ms, Kasben was incarcerated,

had

a special

relationship with

Ms.

Kasben, as she was under

its

care and supervision, such that

it

owed Ms. Kasben a

duty

to

render

aid

during

such

a

medical emergency. Ms. Kasben

was

suffering

an

immediate

and

obvious medicaJ

emergency prior to her

death,

as

she

was

experiencing

seizures aiid

foaming

at

the mouthy while

in

her

cell.

There

were multiple

corrections personnel on

duty

at the

time of Ms. Kasben's death, and no one rendered aid.

Count II-

General

Negligence

16. The Metropolitan Government

of Nashville

and Davidson County

and

the Corrections

Corporation

of America are liable fornegligence in

the

care

of

Ms. Kasben.

Ms;

Kasben

died of an acute overdose of a controlled

substance^,

to which she should not

have had

access while incarcerated.

The Metropolitan Government

of Nashville

and

Dav idson County owed Ms. Kasbeii a duty

to

protect

her,

and

further, the Corrections

Corporation of

America,

as the

operator of

the institution in which

Ms.

Kasben

was

incarcerated, owed her the samie duty. This duty was breached by allowing the entry of

illegal drugs

into the

facility,

which then caused the death

of Ms.

Kasben. The controlled

substance

entered the

jail

either

through

another

inmate,

a

visitor,

or

some

other

person,

such as an employee. As a result,.Corrections Corporation

of

America was negligent in its

screening of

persons

entering the facility, as well as in its

supervision,

of inma tes, who

Page 3 of

6



4/9

somehow

had

access to a controlled substance. .

17. Corrections Corporation of

America

is also

liable for negligence in the

care

ofMs. Kasben,

after her ingestion of the controlled substance. Corrections Corporation

of Am erica failed tohave

anyone

with medical raining assistMs.

Kasben

ina timely manner,

as

she was experiencing a medical emergency which included seizing and foaming. This

failure

to have anyone

available to

provide emergency

medical

assistance directly contributed

to the prolonged suffering and

ultimately

the death of Ms. Kasben.

Count III-

Negligent

Supervision

18.

In

the

alternative, Corrections

Corporation

of

America

is

liable

for

negligence id

the supervision

of its

employees. Employees allowed a controlled substance

to enter

thefacility

and then

failed to

render

aid

to

Ms,

Kasben

during

a medical

emergency.

It

is

understood that an internal

investigation

was undertaken,

which resulted

in

the

termination

of at leastone (1) employee,

following the

death of Ms. Kasben.

Count

IV- Negligence Per Se

19. In

the alternative,

the

Metropolitan Government of

Nashville and

Dav idson County and

the

Corrections

Corporation of

Americaare

liable

for negligence

per

se, as these entities violated the Rules of the Tennessee Corrections Institute

,

written

pursuant

to Term. Code

Ann,

§

41-4-140.

Term.

Code

Ann,§ 41-4-140 directs

that

the

Tennessee

Corrections

Institute

is required to

establish

minimum standardsfor local jails,

lock-ups,

and workhouses, including, but

not

limited

to,

standards for physical

facilities

and

standards

for

correctional programs of treatmen t,,

education

and rehabilitation

of

inmates,

and standards

for

the

safekeeping;

health

£uid

welfare

of

inmates. Among these

established

standards is

the requirement for medical services,

which

states that facilities

must have

a

designated health authority,

and

further

states that

the designated health authority must.be

Page

4of 6



5/9

notified in instances where an

inmate maybe

in need of medical treatment and the facility

shall

document this notification. The designated

health authority was

not

notified of

Ms.

Kasben's immediate need for medical treatment as indicated by her violent

seizures

and

foaming.at

the

mouth,

or if the health authority

was notified,

it was not notified in a

timely

manner and did

not

respond

in

a timely manner.

This

lack of notification violated the

Rules,

and it

therefore results

in

negligence per se.

Count V- Negligent Entrustment

20, The Metropolitan Government

of Nashville

and Davidson

County were

negligent,

in

their

entrustment

of Ms.

Kasben.

to the

care and control

of

the.

Corrections

Corporation of America. Corrections

Corporation

of America did notproperly care for Ms.

Kasben, as she was

provided

with the

opportunity

to ingest a controlled

substance

and

then

not provided with aid during a

medical emergency,

and did not properly supervise their

employees, and did not render

the appropriate

aid.

Since

Ms. Kasben remained the

responsibility of

the Metropolitan

Government

o f

Nashville

and Davidson County, it was

negligent

in

its

entrustment of Ms. Kasben, which

ultimately

resulted in

her death.

Count VI-

42 U.S.C. £

1983

Claims

21.

The

Metropolitan

Government of Nashville and Davidson County and

the

Corrections

Corporation of

America

violated Ms, Kasben's

constitutional right

under the

Eighth

Amendment

to

be

free

from cruel and

unusual punishment Prior to her death,Ms,.

Kasben was suffering from violent seizures and foaming from

her mouth.

Heir suffering

continued for quite some

time,

for a

period

of at

east

thirty (30) minutes, after

corrections

personnel

were

made

aware

of

her

seizing

and

foaming,

without

anyone

rendering

medical

assistance

to Ms,

Kasben. By

the t ime

paramedics

were permitted to enter Ms. Kasben's

cell, she

had

already

died. The employees of

Corrections

Corporation

of America,

with

Page 5 of 6



6/9

whom

the

Metropolitan Government

of Nashville and Davidson County had entrusted Ms.

Kasben, were acting

under

color of

law

when they did

not render

immediate aid

or

allow

paramedics to enter the cell imm ediately, and as such, they exhibited deliberate

indifference

to the

suffering

of Ms. Kasben,

in violation

of

the prohibition of

cruel

and unusual

punishment The conduct of

corrections

personnel violated

Ms. Kasben

1

sright to medical

care, failed to

protect her,

and

failed

to provide services;

WHEREFORE,

premises considered, the famijy members of Ms. Kasben

respectfully pray

for

entry

of

a judgment

in

the

amount

of 5,000,000 against the

Metropolitan

Government

of Nashville

and

the Corrections

Corporation

of America,

representing the

mental

and physical pain and suffering

of Ms. Kasben,

the funeral

and

burial

expenses,

loss of time, the

pecuniary value of the decedent's life,

including

the loss of

love, society, affection and guidance.

The

reasonable Court costs

and

any

discretionary

costs

are also

respectfully sought

A

jury of 12 is

sought

Respectfully Submitted,

MARKR.

OLSON,

BPR No.:

11630

TAYLOR

R. DAHL,

BPR No;:

34200

OLSON

&

OLSON, PLC

112 S.

Second

Street, Suite

200

Clarksville,

Tennessee

37040

Telephone:

(931)

648-1517

Facsimile: (931)648-9186

Email: [email protected]

Attorneys for Plaintiffs

10897.COMPLAINT.3.7.2016

Page

6

of 6



7/9

I N THE

CIRCUIT

COURT

O F DAVIDSON COUNTY, TENNESSEE

TWENTIETH JUDICIAL DISTRICT,

STATE

OF TENNESSEE

Estate of Nonnle

Kasben,

et.al,

Plalntlff{s)

vs.

Correction Corp.of

America ,

et

al.

Defendant^)

Docket No.

CQSTBQNP

l/We, QlsonftQhnn, Pl.C

as

Prlnctpal(s).

and

Mark

F L

Olson

as

Surety,

are

held

and firmly bound

unto the

Circuit

Court Clerk

of

Davidson

County, Tennessee,

for

the

payment

of all

costs

The Prlndpal(s) Is/are

commencing legal

proceedings

In the CircuitCourt for

the

Twentieth

Judicial

District,at

Nashville, Tennessee, tf

thePrincipalis) shall

pay all

costs which

are adjudged against them, thenthis obligationIs void, If the

Principalis)

fail(s) to pay,

then

theSurety shall undertaketo pay all costs adjudged

against

die Principalis). Mandated

at

T.CA

§20-12-120,

et

seq,

PRINCIPALIS):

Olson & Olson, PLC 6$ k


8/9

CIRCUIT

COURT

SUMMONS

NASHVILLE

TENNESSEE

20™ JUDICIAL DIST

ESTATE

OF

NONNIE

KASBEN ET. AL.

STATE

OF TENNESSEE

M F I R E

,

DAVIDSON COUT&H/IIFI

n

as

rn

A

//

//;

Jfj

Pluriss

H

r̂

CLpd

. V I L

ACTION^

--DOCKET

NO. 1(JC74(Q

Plaintiff

Vs.

CORRECTIONS CORP OF AMERICA ET. AL.

c/o CT

CORPORATION

800

S GAY

STREET

SUITE 2021

KNOXVILLE TENNESSEE 37929-9710

Defendant

To the above named

Defendant:

Method

of Service:

j Davidson County

Sheriff

| Out

of County Sheriff

| | ecretary of State

x]

Certif ied Mail

ersonal

Service

ommissioner

of Insurance

bA/lc_

You are summoned to

appearand

defend a civil action

filed against you in

the

Circuit Court,1 Public

Square,

Room

302,

P.O. Box

196303, Nashville, T N 37219-6303,

and your defense must be made

within thirty

(30)

days from

the

date

this

summons is

served upon

you. You are further directed

to file

your defense with

theClerk

of

theCourt

and send a

copy

to

the Plaintiffs

attorney

at the

address listed below.

Incase of

your

failure to defend

this

action

by the

above date, judgment

by

default will be rendered against

you

for the

relief demanded in the complaint

^ RICHARD R. ROOKER

m i r

ISSUED:

ATTORNEY FOR

PLAINTIFF

or

PLAINTIFF'S ADDRESS

MARK

R.

OLSON

BPR

No.: 11630 TAYLOR R. DAHL BPR No.: 34200

112

SOUTH SECOND STREET

CLARKSVILLE TENNESSEE 37040

Address

TELEPHONE 931-648-1517

TO

THE

SHERIFF:

Please execute

this summons and

make your

return hereon

as

provided by law.

RICHARD

R. ROOKER

Circuit

Court

Clerk

Received this summons

for

service

this

day of 20

SHERIFF

To request an

A D A

accommodation, please contact

Dart

Gore

at

615)

880-3309.



9/9

h

RT

SUMMONS

v

i

.NASHVILLE TENNESSEE

ESTATE

OF

NONNIE KASBEN, ET. AL.

STATE

O F

TE &&GBB

[ X ]

First

DAVIDSONfe^tNTV

l i a s

20

TH

JUDICIAL

L

m

luiies

Plaintiff

Vs.

METROPALITAN GOVERMENT

OF

NASHVILLE AND DAVIDSON COUNTY

c/o

MEGAN

B A R R Y ,

MAYOR,

or

her designee

1

PUBLIC SQUARE,

SUITE

100

NASHVILLE, TENNESSEE 37201

Defendant

vdVIlftCTION

1

.

DOCKET NO. \lOr~74l

Method of Service:

av idson County Sheriff

ut

of

County Sheriff

ecre tary

of

State

133

Certified Mail

| ersonal Service

ommiss ioner of Insurance

To theabove named Defendant

You

are

summoned to appearand defend

a

civil action

filed

against

you

In the

Circuit Court,

1

Public

Square,

Room

302,

P.O. Box 186303,

Nashville, T N

37219-6303,

and

your

defense must

be

made

within thirty

(30) days from the

date

this

summons Is

served

upon you. You

are

further directed to file your defense with the

Clerk of the Court

and

send a

copy

to

the Plaintiffs attorney at the

address

listed

below.

In case of your failure to defend this action

by the

above date,

Judgment

by defaultwill be rendered againstyou for the

relief

demanded

In the

complaint

i

RICHARD R. ROOKER

ISSUED: ( * • *

—^circuit

csut̂ r

———i i County, Tenhe eo

Ueputy UerK

ATTORNEY FOR

PLAINTIFF

or

PLAINTIFF'S ADDRESS

MARK

R. OLSON. BPR

NO.

11630,

TAYLOR

R. DAHL. B P R NO. 34200

112 SOUTH SECOND STREET.

CLARKSVILLE.

TENNESSEE

37040

Address

TELEPHONE: 931-648-1517, [email protected]

TO THE SHERIFF:

Please execute

this

summons and make your

return

hereon as

provided by

law.

RICHARD R.

ROOKER

Circuit Court

Clertc

Received

this

summons

for

service

this

day of.

„ » 20_

SHERIFF

{oqu st

an A D A accommodation,

please contact

Dart

Goreat

615)

880-3309.


Lawsuit against CCA, Metro Davidson government

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