Case 2:14-cv Document 1 Filed 04/29/14 Page 1 of 21 PageID #: 1

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1 SHUN MULLINS, IN THE FEDERAL DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE AT NASHVILLIOI~ APR 29 AH 6: 35 Plaintiff, US DlSTi{iCT COLIRT HlDDLE DIS 11\ICT OF TH Versus Civil Action No. 2;..=v_--"'1--=4=--_ LLOYD NORRIS INDIVIDUALLY; LLOYD NORRIS AS DEPUTY FIRE CHIEF FOR THE CITY OF ALGOOD, TENNESSEE; CITY OF ALGOOD, TENNESSEE FIRE DEPARTMENT; KEITH MORRISON INDIVIDUALLY; KEITH MORRISON AS CITY ADMINISTRATOR FOR THE CITY OF ALGOOD; TERRY FOUTCH INDIVIDUALLY; TERRY FOUTCH AS MAYOROF THE CITY OF ALGOOD; CINDY CHAFFIN, INDIVIDUALLY; CINDY CHAFFIN AS AN EMPLOYEE OF THE CITY OF ALGOOD FIRE DEPARTMENT; THE CITY OF ALGOOD, TENNESSEE; PUTNAM COUNTY EMERGENCY MEDICAL SERVICES, AND PUTNAM COUNTY, TENNESSEE Defendants COMPLAINT Comes now Plaintiff, Shun Mullins ("Mr. Mullins), and files this Complaint against Lloyd Norris Individually, Lloyd Norris as Deputy Fire Chief for the City of Algood, Tennessee; City of Algood, Tennessee; City of Algood Fire Department; Keith Morrison, Individually; Keith Morrison as City Administrator for the City of Algood, Tennessee; Terry Foutch, Individually; Terry Foutch as Mayor of the City of Algood, Tennessee; Cindy Chaffin, Individually; Cindy Chaffin as an employee of the City of Algood Fire Department; City of Algood, Tennessee; Putnam County Emergency Medical Services; Case 2:14-cv Document 1 Filed 04/29/14 Page 1 of 21 PageID #: 1

2 Putnam County, Tennessee ("Defendants"). In support of his claims, Mr. Mullins would show and state as follows: 1. The Plaintiff, Shun Mullins, brings this civil rights action against the City of Algood, City of Algood Fire Department, and the individual First Responder, Lloyd Norris involved in intentionally inflicting emotional distress upon Shun Mullins. This action is brought pursuant to 42 U.S.C for racial discrimination in violation of the Fourteenth Amendment of the Constitution of the United States of America. 2. The Plaintiff, Shun Mullins, brings this civil rights action against Putnam County Emergency Medical Services, Putnam County, Tennessee, and the individual First Responder, Lloyd Norris involved in intentionally inflicting emotional distress upon Shun Mullins. This action is brought pursuant to 42 U.S.C for racial discrimination in violation of the Fourteenth Amendment of the Constitution of the United States of America. 3. This Plaintiff also brings this claim pursuant to 42 U.S.C. 1985(3). 4. The Plaintiff also brings this claim pursuant to the Tennessee Governmental Tort Liability Act (Tenn. Code Ann , et seq.) for negligent infliction of emotional distress. 5. The Plaintiff also beings this claims pursuant to the Tennessee Governmental Tort Liability Act (Tenn. Code Ann , et seq. ) for negligent hiring, negligent supervision, and negligent failure to maintain appropriate policies and protocols regarding First Responders. 6. The Plaintiff alleges Lloyd Norris intentionally inflicted emotional distress upon Shun Mullins in violation of Tennessee common law. 2 Case 2:14-cv Document 1 Filed 04/29/14 Page 2 of 21 PageID #: 2

3 7. The Plaintiff alleges Keith Morrison intentionally inflicted emotional distress upon Shun Mullins in violation of Tennessee common law. 8. The Plaintiff alleges that Defendants conspired to violate Shun Mullins' Equal Protection Rights. 9. The Plaintiff alleges that Defendants conspired to. intentionally inflict emotional distress upon Shun Mullins. THE PARTIES 10. The Plaintiff, Shun Mullins, is an adult resident of Algood, Putnam County, Tennessee. He is the surviving son of Dorothy Mullins. He brings this action individually for the harms he suffered as he watched Defendant Lloyd Norris refuse to help his ailing mother because the Plaintiff and his mother are black. 11. The Defendant, Lloyd Norris, was at all times relevant to this Complaint, the Deputy Fire Chief and a First Responder with the City of Algood Fire Department. He was at all relevant time an employee of the City of Algood Fire Department and/or the City of Algood, Tennessee. Lloyd Norris was not properly trained or credentialed to be a First Responder. Defendant Norris is sued in his individual capacity and also in his official capacity. He is sued in his individual capacity pursuant to 42 U.S.C for compensatory and punitive damages. He was at all relevant times acting in the course and scope of his duties as a First Responder with the City of Algood Fire Department and under color of law. 12. The Defendant, Lloyd Norris, was at all times relevant to this Complaint, the Deputy Fire Chief and a First Responder with the City of Algood Fire Department. He was at all relevant times an employee of Putnam County Emergency Medical 3 Case 2:14-cv Document 1 Filed 04/29/14 Page 3 of 21 PageID #: 3

4 Services and/or Putnam County E.M.S. Lloyd Norris was not properly trained or credentialed to be a First Responder. The First Responders are overseen or otherwise supervised by Putnam County Emergency Medical Services and/or Putnam County, Tennessee. Defendant Norris is sued in his individual capacity and also in his official capacity. He is sued in his individual capacity pursuant to 42 U.S.C for compensatory and punitive damages. He was at all relevant times acting in the course and scope of his duties as a First Responder with Putnam County Emergency Medical Services, and under color of law. 13. The Defendant, Keith Morrison, was at all relevant times the City Administrator for the City of Algood, Tennessee. Defendant Morrison is sued in his individual capacity and in his official capacity. 14. The Defendant, Terry Foutch, was at all relevant times the Mayor for the City of Algood, Tennessee. Defendant Foutch is sued in his individual capacity and in his official capacity. 15. The Defendant, Cindy Chaffin, was at all relevant times an employee of the City of Algood Fire Department and/or the City of Algood. She was acting under color of law when she falsified the report concerning the events that transpired at the Mullins' home on May 1, The Defendant, Cindy Chaffin, was at all relevant times an employee of Putnam County Emergency Medical Services and/or Putnam County, Tennessee. She was acting under color of law when she falsified the report concerning the events that transpired at the Mullins' home on May 1, Case 2:14-cv Document 1 Filed 04/29/14 Page 4 of 21 PageID #: 4

5 17. The Defendant, City of Algood Fire Department, is sued in its official capacity. The City of Algood Fire Department employed Lloyd Norris and Cindy Chaffin. 18. The Defendant, City of Algood, is sued in its official capacity. At all relevant times the City of Algood employed Terry Foutch. At all relevant times, the City of Algood employed Keith Morrison. At all relevant times, the City of Algood employed Cindy Chaffin. At all relevant times, the City of Algood employed Lloyd Norris. 19. The Defendant, Putnam County Emergency Medical Services, is sued in its official capacity. At all relevant times Putnam County Emergency Medical Services employed Lloyd Norris. At all relevant times, Putnam County Emergency Medical Services oversaw and/or otherwise supervised Lloyd Norris in his capacity as a First Responder. 20. At all relevant times, Putnam County Emergency Medical Services employed Cindy Chaffin. At all relevant times, Putnam County Emergency Medical Services oversaw and/or otherwise supervised Cindy Chaffin in her capacity as a First Responder. JURISDICTION AND VENUE 21. This Court has jurisdiction over this matter pursuant to 28 U.S.C (federal question), 28 U.S.C (civil rights), 28 U.S.C (supplemental) Venue lies in this District pursuant to 28 U.S.C (b)(2) because a substantial part of the events giving rise to Plaintiff's claims occurred in this District, and also under 28 U.S.C (e)(3) because the Plaintiff resides in the district. 5 Case 2:14-cv Document 1 Filed 04/29/14 Page 5 of 21 PageID #: 5

6 FACTUAL ALLEGATIONS 22. The decedent, Dorothy Mullins, at all times material to this Complaint resided at 124 Mullins Street. Dorothy Mullins was an African American. 23. The Plaintiff, Shun Mullins, at all times material to this Complaint resided at 124 Mullins Street. Shun Mullins is African American. 24. On or about May 1, 2013, Dorothy Mullins exclaimed to her son, Shun Mullins, that she thought she was having a heart attack. She then collapsed in the floor. 25. On or about May 1, 2013 at approximately 1216, Shun Mullins frantically called 911 for the first time. 26. On or about May 1, 2013, Shun Mullins called 911 a second time. During this call, he requested instructions on how to begin CPR. During this phone call, the Defendant, First Responder Lloyd Norris arrived at Mr. Mullins' home. Mr. Norris was acting under color of law when he arrived at the Mullins' home. 27. Mr. Norris slowly exited his vehicle despite Plaintiff's insistence that he hurry into the house to assist Ms. Mullins. Mr. Norris placed gloves on his hands after exiting his vehicle and did not act with the level of urgency that the situation required. 28. Plaintiff frantically insisted that Mr. Norris hurry and assist his mother. Mr. Norris continued to casually walk towards Mr. Mullins' mother and instructed the Plaintiff to "calm down." 29. Mr. Norris did not take any type of equipment or his equipment bag with him when he exited his vehicle. Plaintiff was distressed by Mr. Norris' lack of urgency and continued urging Mr. Norris to move more quickly. Mr. Norris, however, merely walked from his vehicle to the Mullins' home. 6 Case 2:14-cv Document 1 Filed 04/29/14 Page 6 of 21 PageID #: 6

7 30. Upon entering the Mullins' home, Plaintiff watched as Mr. Norris bent down towards Ms. Mullins and placed two fingers on her neck. 31. Plaintiff watched in utter disbelief as Mr. Norris just stood over Ms. Mullins and did nothing to assist her. 32. Mr. Norris did not provide rescue breaths to Ms. Mullins. 33. Mr. Norris did not perform chest compressions on Ms. Mullins. 34. Mr. Norris did not do anything to attempt to resuscitate Ms. Mullins or to provide her with any type of medical assistance. 35. Mr. Norris left Ms. Mullins on the floor, helpless, and in need of assistance until Putnam County EMS arrived several minutes later. 36. Plaintiff watched in tremendous fear, agony, and frustration, as his mother laid in the floor of their home as the one person who could help her refused to act. 37. Plaintiff was so emotionally distraught over having just witnessed the one person who could help his mother refuse to help here that he was unable to recall the names and phone numbers of his siblings to contact them about their mother's condition. 38. At approximately 1222 on May 1, 2013, the Putnam County EMS arrived at the Mullins' home. The paramedics or EMTs with Putnam County EMS entered the home, quickly assessed Ms. Mullins, concluded she did not have a pulse, and immediately began performing CPR and deploying other life saving measures. 39. At approximately 1223 on May 1, 2013, Lieutenant James Marquess with the City of Algood Police Department entered the Mullins' home. He assisted Putnam County EMS by performing chest compressions on Ms. Mullins. 7 Case 2:14-cv Document 1 Filed 04/29/14 Page 7 of 21 PageID #: 7

8 40. An officer at the Mullins' home on May 1, 2013 observed a black male crying in front of the house. The officer asked Lloyd Norris what was wrong with the black male. Lloyd Norris responded by' using the most offensive racial slur he could have used. Lloyd Norris responded by saying, among other things, "that N%G$R is crazy." This black male was Plaintiff's nephew. 41. Cindy Chaffin, another First Responder with the Algood Fire Department, arrived at the Mullins' home on May 1, 2013 at approximately She assisted EMS with a strap on the gurney on the Mullins' front porch. Ms. Chaffin did not perform rescue breaths on Ms. Mullins, and Ms. Chaffin did not perform chest compressions on Ms. Mullins. 42. At approximately 1249 on May 1, 2013, Putnam County EMS transported Ms. Mullins to Cookeville Regional Medical Center. 43. Ms. Mullins died at Cookeville Regional Medical Center on May 1, On about May 1, 2013, Cindy Chaffin prepared a report concerning her involvement with the events at the Mullins' home on May 1, Sometime after preparing this initial report, Cindy Chaffin prepared a second report concerning the events at the Mullins' home on May 1, This report states, among other things, "I checked for pulse. No pulse found. I started chest compressions without rescue breaths due to no mask and patient was foaming at mouth. I done 10 compressions." 46. This second report prepared by Cindy Chaffin is demonstrably false. 47. On information and belief, Cindy Chaffin prepared this second report at the request of Lloyd Norris. 8 Case 2:14-cv Document 1 Filed 04/29/14 Page 8 of 21 PageID #: 8

9 48. On information and belief Cindy Chaffin is Lloyd Norris' daughter or stepdaughter. 49. Shun Mullins attended high school with Lloyd Norris' daughter or stepdaughter, Cindy Chaffin. Mr. Mullins heard Mr. Norris' daughter or step-daughter, Cindy Chaffin, say: "We [referring to the Norris family] don't fool with black people." 50. On information and belief, subsequent to May 1, 2013, the City of Algood, via its Mayor Terry Foutch, City Manager, Keith Morrison, and Fire Chief at the time, Scott Bilbrey, gave Lloyd Norris the option to resign or be fired. 51. On information and belief, Lloyd Norris chose to resign from his position as Deputy Fire Chief. 52. On information and belief, the decision to allow Mr. Norris to resign was related to his failure to provide any assistance to Dorothy Mullins. 53. The City of Algood did not have sufficient or adequate policies and/or protocols in place to ensure that only appropriate trained First Responders actually responded to 911 calls. Lloyd Norris was able to respond to the 911 call at the Mullins' home even though he was not a properly trained First Responder. 54. On information and belief, the City Administrator, Keith Morrison, has stated to multiple people (including Scott Bilbrey), that when the statute of limitations ran on Shun Mullins' and/or Dorothy Mullins' claims, the City would appoint Lloyd Norris as the new fire chief of the City of Algood. 55. Since May 1, 2013, Plaintiff has continued to suffer severe emotional and mental pain, distress, and anxiety. Plaintiff has lost over 30 pounds. Plaintiff has difficulty sleeping. Every night as Plaintiff tries to go to sleep, all he can see in his head 9 Case 2:14-cv Document 1 Filed 04/29/14 Page 9 of 21 PageID #: 9

10 ~-~- _-_;: _: -- L-::-_-:-_-::::..:_-_-_:- - -_- - - is Lloyd Norris standing over his mother but not helping her. He cannot forget hearing Lloyd Norris refer to Plaintiff's grieving nephew as a "N%G$R". THEORIES OF RECOVERY COUNT I: Racial Discrimination in Violation of the Fourteenth Amendment of the Constitution of the United States of America (42 u.s.c. 1983) 56. The Plaintiff adopts and incorporates by reference the averments in Paragraph 1-55 of the Complaint as if set forth herein verbatim. 57. Lloyd Norris refused to deploy appropriate resuscitative measures to aid Ms. Mullins because she was African American. His failure to deploy any resuscitative measures including but not limited to chest compressions caused Mr. Mullins severe mental anguish as he was forced to watch his mother in distress without any effort being made to save her. Subsequently, in the front yad of the Mullins' home, Lloyd Norris referred to Plaintiff's nephew as a "N%G$R". 58. The municipal Defendants knew or reasonably should have known of Lloyd Norris' pattern or practice of racial discrimination., Despite knowing of Lloyd Norris' racial animus, the municipal Defendants failed to stop these practices by permitting him to work for the City for several years. The municipal Defendants ~ tolerated and acquiesced in Lloyd Norris' behavior, and this claim is therefore also asserted against the municipal Defendants. 59. Lloyd Norris' refusal to deploy appropriate resuscitative measures to aid Ms. Mullins was because Shun Mullins is African American. 60. Lloyd Norris' racial discrimination against both Dorothy and Shun Mullins caused Mr. Mullins severe emotional distress and suffering. 10 Case 2:14-cv Document 1 Filed 04/29/14 Page 10 of 21 PageID #: 10

11 61. Plaintiff therefore seeks compensatory and punitive damages and any other relief to which he is entitled. COUNT II: Intentional Infliction of Emotional Distress in Violation of the Fourteenth Amendment of the Constitution of the United States (42 U.S.C. 1983) against all Defendants except Cindy Chaffin 62. The Plaintiff adopts and incorporates by reference the averments in Paragraphs 1-61 of the Complaint as if set forth herein verbatim. 63. Lloyd Norris resigned from the Algood Fire Department on or around June 15, Mr. Norris was asked to resign as a result of his egregious conduct on conduct on May 1, 2013 by refusing to assist Dorothy Mullins. 64. On information and belief, since resigning, Lloyd Norris has asked for a promotion to the position of Chief of the Fire Department for the City of Algood. 65. Upon information and belief, Lloyd Norris, Keith Morrison, and Terry Foutch, with approval of the Algood City Council, have decided that Lloyd Norris will become the new Fire Chief for the City of Algood on or about May 2, Upon information and belief, this date was selected because it was immediately following the expiration of the statute of limitations on Dorothy Mullins' and Shun Mullins' claims arising out of Lloyd Norris' refusal to assist Dorothy Mullins on May 1, 2013 because she and her son were black. 66. The conduct of the Defendants in announcing a plan for Lloyd Norris to become the new Fire Chief for the City of Algood following the expiration of the statute of limitations on Shun Mullins' and Dorothy Mullins' claims was so egregious and outrageous that it actually and proximately caused severe emotional distress to the Plaintiff. The Defendants' conduct shocks the conscience. 11 Case 2:14-cv Document 1 Filed 04/29/14 Page 11 of 21 PageID #: 11

12 67. The Defendants specifically intended to cause emotional distress to Plaintiff by announcing that the man who discriminated against Dorothy Mullins and who refused to provide her with medical assistance because of her race was going to be rewarded for his outrageous and egregious conduct by becoming the City of Algood's new Fire Chief. 68. The Defendants acted with a reckless disregard for the probability that they were causing emotional distress to the Plaintiff by announcing that the man who discriminated against Dorothy Mullins and who refused to provide her with medical assistance because of her race was going to be rewarded for his outrageous and egregious conduct by becoming the City of Algood's new Fire Chief. 69. The Defendants acted with deliberate indifference by announcing the man who discriminated against Dorothy Mullins and who refused to provide her with medical assistance because of her race was going to be rewarded for his outrageous and egregious conduct by becoming the City of Algood's new Fire Chief. 70. These actions by the Defendants further demonstrate a custom by the municipal defendants to tolerate and acquiesce in racially discriminatory practices by rewarding the very man who discriminated against Dorothy Mullins and who refused to provide her with assistance because of her race. The Defendants had an opportunity to begin a concerted effort to rid the City of Algood of racial employees but have instead chosen to promote and reward racism. The Defendants were aware of the events that transpired at the Mullins' home on May 1, The Defendants have failed to stop this widespread custom of racism. 12 Case 2:14-cv Document 1 Filed 04/29/14 Page 12 of 21 PageID #: 12

13 71. Plaintiff has suffered severe emotional distress due to the actions of these Defendants. Plaintiff's severe emotional distress was actually and proximately caused by the Defendants' egregious and outrageous conduct. 72. Plaintiff therefore seeks compensatory and punitive damages and any other relief to which he is entitled. COUNT Ill: Conspiracy to Deprive of Equal Protection Rights (42 U.S.C. 1985(3)) against all Defendants 73. The Plaintiff adopts and incorporates by reference the averments in Paragraphs 1-72 of the Complaint as if set forth herein verbatim. 74. The Defendants acted in concert for the purpose of covering up Lloyd Norris' failure to deploy appropriate resuscitative measures to aid Dorothy Mullins because she was African American. This conspiracy included, but was not limited to, the creation of an additional report containing inaccurate information about Mr. Norris' activities on May 1, Cindy Chaffin prepared and signed this second report. This second report is demonstrably false. The creation of this second report was an act in furtherance of this conspiracy. 76. The overt acts taken in furtherance of this conspiracy were motivated by discriminatory animus against Mr. Mullins based on his race. 77. Plaintiff therefore seeks compensatory and punitive damages and any other relief to which he is entitled. 13 Case 2:14-cv Document 1 Filed 04/29/14 Page 13 of 21 PageID #: 13

14 COUNT IV: Failure to Properly Train and Supervise in Violation of the Fourteenth Amendment of the Constitution of the United States (42 U.S.C. 1983) against the Defendants except Cindy Chaffin 78. Plaintiff adopts and incorporates by reference the averments in Paragraphs 1-77 as if set forth herein verbatim. 79. The municipal Defendants did not properly train and supervise its employees to be First Responders and/or to know how and when they could respond to emergency situations. The municipal Defendants were deliberately indifferent to the forseeable consequences of failure to properly train and supervise its employees regarding emergency calls At all times material to this Complaint it was the governmental policy of the municipal defendants to not properly and train its First Responder employees and to allow unqualified and untrained employees to respond to emergency calls as First Responders. 81. Lloyd Norris was not properly trained, credentialed, or supervised in his role with the City of Algood Fire Department. Lloyd Norris was not properly certified to be a First Responder. The fact that an improperly trained and supervise employee, such as Lloyd Norris, could cause actual and proximate serious harm to individuals, including Shun Mullins and Dorothy Mullins was foreseeable. 82. Plaintiff therefore seeks compensatory damages against the municipal defendants and all other relief to which he may be entitled. 14 Case 2:14-cv Document 1 Filed 04/29/14 Page 14 of 21 PageID #: 14

15 COUNT V: Intentional Infliction of Emotional Distress (Tennessee Common Law) against Lloyd Norris 83. The Plaintiff adopts and incorporates by reference the averments in Paragraphs 1-82 of the Complaint as if set forth herein verbatim. 84. The conduct of Lloyd Norris was so egregious and outrageous that it actually and proximately caused severe emotional distress to the Plaintiff. 85. Lloyd Norris, while acting under color of law, specifically intended to cause emotional distress to the Plaintiff by refusing to assist Ms. Mullins, in her time of need. Lloyd Norris, while acting under color of law, specifically intended to cause emotional distress to the Plaintiff by referring to the Plaintiff's grieving nephew as a "N%G$R" while standing in the Mullins' yard on May 1, Lloyd Norris acted with a reckless disregard for the probability that he was causing emotional distress to Plaintiff when he refused to help Ms. Mullins in her time of need. Lloyd Norris acted with a reckless disregard for the probability that he was causing emotional distress to Plaintiff when he referred to the Plaintiff's grieving nephew as a "N%G$R" while standing in the Mullins' yard on May 1, Lloyd Norris' actions in refusing to provide care to Ms. Mullins because she and her son are black were obviously heartless, flagrant and extortionate. Lloyd Norris' actions in referring to Plaintiff's grieving nephew as a "N%G$R" were obviously heartless, flagrant, and extortionate. Mr. Norris' conduct is so egregious that it shocks the conscience. 88. Plaintiff's severe emotional distress was actually and proximately caused by watching and hearing Lloyd Norris' egregious and outrageous conduct. 15 Case 2:14-cv Document 1 Filed 04/29/14 Page 15 of 21 PageID #: 15

16 89. Plaintiff therefore seeks compensatory and punitive damages and any other relief to which he is entitled. COUNT VI: Intentional Infliction of Emotional Distress (Tennessee Common Law) against Keith Morrison 90. The Plaintiff adopts and incorporates by reference the averments in Paragraphs 1-89 of the Complaint as if set forth herein verbatim. 91. On information and belief, Keith Morrison has stated to one or more persons that when the statute of limitations runs on Dorothy and or Shun Mullins' claims, Lloyd Norris will become the new Fire Chief for the City of Algood Fire Department. On information and belief, Keith Morrison has stated to one or more persons that the City of Algood plans to make Lloyd Norris the new Fire Chief of the City of Algood on or about May 2, This announcement by Keith Morrison that Lloyd Norris, the man who discriminated against Dorothy Mullins and who refused to provide her with medical assistance because of her race, was going to be rewarded for his outrageous and egregious conduct by becoming the City of Algood's new Fire Chief was so egregious and outrageous that it actually and proximately caused severe emotional distress to the Plaintiff. 93. Keith Morrison specifically intended to cause emotional distress to the Plaintiff by announcing that Lloyd Norris was going to become the new Fire Chief for the City of Algood. 94. Keith Morrison acted with a reckless disregard for the probability that he was causing emotional distress to Plaintiff by announcing that Lloyd Norris was going to become the new Fire Chief for the City of Algood. 16 Case 2:14-cv Document 1 Filed 04/29/14 Page 16 of 21 PageID #: 16

17 95. Keith Morrison's actions in announcing that Lloyd Norris was going to become the new Fire Chief for the City of Algood, despite the fact that as a First Responder with the City of Algood Fire Department, he refused to provide care and assistance to Dorothy Mullins because she was black, were obviously heartless, flagrant and extortionate. Mr. Morrison's conduct is so egregious that it shocks the conscience. 96. Plaintiff has suffered severe emotional distress in addition to that which he has been suffering since May 1, 2013, since learning of Mr. Morrison's announcement that Lloyd Norris was going to become the new Fire Chief for the City of Algood Fire Department. 97. Plaintiff's severe emotional distress was actually and proximately caused by learning of Keith Morrison's egregious and outrageous conduct. 98. Plaintiff therefore seeks compensatory and punitive damages and any other relief to which he is entitled. COUNTY VII: Negligent Hiring, Negligent Supervision, and Negligent Failure to Create and Maintain Appropriate Policies and Procedures(Tenn. Code Ann et. seq.) against Terry Foutch, Keith Morrison, the City of Algood, Putnam County Emergency Medical Services, and Putnam County, Tennessee 99. The Plaintiff adopts and incorporates by reference the averments in Paragraphs 1-55 of the Complaint as if set forth herein verbatim As an alternative theory, Plaintiff brings a claim against these Defendants for negligent hiring, negligent supervision, and negligent failure to create and maintain appropriate policies, procedures and/or protocols. These acts of negligence by the Defendants singularly or in combination caused harm to Plaintiff. 17 Case 2:14-cv Document 1 Filed 04/29/14 Page 17 of 21 PageID #: 17

18 101. The Defendants had a duty to create and maintain appropriate policies, procedures, and/or protocols that addressed the necessary credentials and training required for persons to respond as First Responders to emergency calls Lloyd Norris was not a properly trained and/or certified First Responder. Lloyd Norris was the First Responder who answered the call at the Mullins' home. Lloyd Norris was not appropriately trained and/or certified to respond to the call at the Mullins' home as a First Responder The Defendants did not have appropriate policies, procedures, or protocols in place to ensure that only appropriately trained and certified individuals answered emergency calls as First Responders. The Defendants, therefore, breached their duty If the Defendants had created proper policies, procedures, and/or protocols addressing the necessary credentials and training required for persons to respond as First Responders, Lloyd Norris would have known he could not respond to the Mullins' home. Had Lloyd Norris not responded to the call at the Mullins' home, Lloyd Norris would not have been in a position to fail to assist Ms. Mullins and thereby negligently inflict emotional distress upon the Plaintiff If the Defendants had properly hired Lloyd Norris or properly supervised him, he would not have been permitted to respond to the Mullins' home as a First Responder. Had Lloyd Norris not responded to the call at the Mullins' home, Lloyd Norris would not have been in a position to fail to assist Ms. Mullins and thereby negligently inflict emotional distress upon the Plaintiff. 18 Case 2:14-cv Document 1 Filed 04/29/14 Page 18 of 21 PageID #: 18

19 106. The failure of the Defendants to properly hire appropriately trained individuals, including Lloyd Norris, to be First Responders actually and proximately caused severe emotional distress to the Plaintiff. The failure of the Defendants to properly supervise their employees, including Lloyd Norris, that were responding to emergency calls actually and proximately caused severe emotional distress to the Plaintiff. The failure of the Defendants to properly create appropriate policies, procedures, and protocols actually and proximately caused severe emotional distress to the Plaintiff Plaintiff therefore seeks compensatory and punitive damages and any other relief to which he is entitled. COUNT VIII: Negligent Infliction of Emotional Distress (Tenn. Code Ann et. seq.) against Lloyd Norris, the City of Algood Fire Department, the City of Algood, Putnam County Emergency Medical Services, and Putnam County, Tennessee 108. The Plaintiff adopts and incorporates by reference the averments in Paragraphs 1-55 of the Complaint as if set forth herein verbatim As an alternative theory, Plaintiff brings a claim for negligent infliction of emotional distress pursuant to the Tennessee Governmental Tort Liability Act, Tenn. Code Ann et. seq Lloyd Norris was employed by the City of Algood Fire Department and/or the City of Algood Plaintiff brings this claim against Lloyd Norris, the City of Algood Fire Department, and the City of Algood. 19 Case 2:14-cv Document 1 Filed 04/29/14 Page 19 of 21 PageID #: 19

20 112. Lloyd Norris as a First Responder with the City of Algood Fire Department had a duty to assist Dorothy Mullins upon arriving at the Mullins' home. Mr. Norris did not assist Ms. Mullins and thereby breached the duty owed to her Mr. Norris was negligent in failing to assist Ms. Mullins. Indeed, even Mayor Foutch has stated "I too find the actions unacceptable and have swiftly dealt with them as such. A serious medical error occurred by an individual." In this Facebook post, the "individual" to whom Mayor Foutch was referring was Lloyd Norris Mr. Norris' negligent conduct in failing to assist Ms. Mullins has proximately and actually caused Plaintiff to suffer serious and severe emotional injury Plaintiff's emotional injury was and has continued to be severe. At the time he witnessed the events he could not recall the names of his siblings or their phone numbers Plaintiff's emotional injury has continued to be severe. He has lost over 30 pounds. He has extreme difficulty sleeping. Whenever he tries to fall asleep he relives the events of May 1, 2013 over and over in his head. He cannot rid himself of the image of Lloyd Norris standing over his mother and not helping her. He cannot stop hearing Lloyd Norris refer to Plaintiff's grieving nephew as a "n$g%r" in the Mullins' own front yard. The emotional injury has made it extremely difficult for him to function as he used to function prior to the events of May 1, He has had tremendous difficulty coping with the emotional injury Mr. Norris' conduct caused Plaintiff therefore seeks compensatory and punitive damages and any other relief to which he is entitled. 20 Case 2:14-cv Document 1 Filed 04/29/14 Page 20 of 21 PageID #: 20

21 '\ " PRAYER FOR RELIEF Wherefore, the Plaintiff respectfully requests judgment against the Defendants as follows: 1. That he be awarded all damages to which it may appear he is entitled to by the proof submitted in this cause, including nominal damages, compensatory and punitive damages. 2. That he be awarded all allowable fees pursuant to 42 U.S.C. 1988, plus compensation for any expert fees and costs reasonably expended by the Plaintiff in pursuing this matter. 3. That he be awarded pre- and post-judgment interest. 4. That this cause be tried by a jury. 5. That he be awarded all other relief to which is may appear he is entitled, the interests of justice demanding it. Date: Apr,.1, Respectfully Submitted 21 Case 2:14-cv Document 1 Filed 04/29/14 Page 21 of 21 PageID #: 21