CLASS ACTION COMPLAINT

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE AT NASHVILLE WENDY SNEAD, individully nd on ) behlf of ll others similrly situted, ) ) Civil Action No. Plintiffs. ) ) CLASS ACTION V. ) ) CORECIVIC OF TENNESSEE, LLCf/k/ ) CORRECTIONS CORPORATION OF ) AMERICA ) ) Defendnt. ) ) ) CLASS ACTION COMPLAINT COMES NOW the Plintiffs, Wendy Sned, individully nd on behlf of ll others similrly situted, nd for their cuses of ction ginst the Defendnt would llege s follows: PRELIMINARY STATEMENT 1. The Plintiff nd the proposed clss, s defined in Prgrphs 88 et seq., include those individuls currently nd formerly housed t the IVIetro-Dvidson County Detention Fcility in Dvidson County, Tennessee, privte prison owned nd operted by CoreCivic, n entity formerly doing business s Corrections Corportion of Americ ("CCA"). During the time of incrcertion, the Plintiff nd proposed clss were entirely dependent on the Defendnts to provide them with ccess to bsic helth cre. However, they hve been, nd with regrd to those still incrcerted, continue to be deprived of ccess to bsic helthcre. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 1 of 21 PgeID #: 1

2 2. Plintiff files this Clss Action seeking dmges on behlf of themselves nd ll others similrly situted due to the Defendnt's deliberte indifference to their serious medicl needs while they were incrcerted, in violtion of the Eighth nd Fourteenth Amendments to the United Sttes Constitution nd their prohibition ginst cruel nd unusul punishment. 3. Plintiff nd ll Clss IVIembers were exposed to Srcoptes scbiei (herefter "Scbies") cused by the spred ofprsitic mites. Scbies is most esily trnsmitted by skin-to-skin contct, bedding, clothing nd towels. Femle mites burrow under the skin, ly their eggs t the end of the tunneled burrows, nd lrve htch two to three dys fter the eggs re lid. The mites cuse intense itching, which fcilittes re-infesttion nd skin eruptions tht trnsfer the mites to new hosts. 4. Defendnt opertes privte for-profit prison nd therefore hd direct control of the prisoners in its chrge infected with scbies. The Defendnt delibertely filed to dequtely screen those entering its fcility, respond to inmte requests for medicl ttention, tret those infested with the prsite, qurntine the infected individuls in its cre, or to tke ny other precutions to prevent the spred of scbies outside the fcility. This cused foreseeble nd preventble systemtic outbrek which spred to the Plintiff nd ll others similrly situted. THE PARTIES 5. Plintiff Wendy Sned is citizen of the Stte of Tennessee nd resident of Chethm County, Tennessee. She is former inmte who ws housed in the Defendnt's fcility in Dvidson County. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 2 of 21 PgeID #: 2

3 6. The Defendnt, CoreCivic of Tennessee, LLC, f/k/ Corrections Corportion of Americn ("CCA"), is limited libility compny orgnized under the lws of the Stte of Tennessee, with its principl plce of business locted t 10 Burton Hills Blvd., Nshville, TN CoreCivic's registered gent for process in the Stte of Tennessee is C T Corportion System, 800 S. Gy St., Suite 2021, Knoxville, TN The Defendnt owns nd opertes the Metro-Dvidson County Detention Fcility, housing prisoners sentenced to confinement in the Tennessee Deprtment of Correction. As such, CCA performs public function trditionlly reserved to the stte nd is therefore subject to suit under 42 U.S.C JURISDICTION AND VENUE 7. This ction is brought pursunt to 42 U.S.C seeking to redress deprivtion of the Plintiffs' rights by the Defendnts cting under color of lw, which rights re secured by the Eighth Amendment to the United Sttes Constitution. 8. This complint concerns the violtion of civil rights, nd this Court hs federl question jurisdiction pursunt to 28 U.S.C nd This Court hs supplementl jurisdiction over Plintiffs' stte lw clims pursunt to 28 U.S.C. 1367(). 10. All of the clims lleged herein rose in the Middle District of Tennessee, nd Venue is therefore proper pursunt to 28 U.S.C ALLEGATIONS OF FACT 11. As the llegtions of this Complint will demonstrte, the Defendnt refused to provide the helthcre needed nd requested by Plintiff nd members of the clss. The Defendnt refused to provide ccess to doctors nd necessry medicine. When Plintiff ws finlly Cse 3:17-cv Document 1 Filed 06/16/17 Pge 3 of 21 PgeID #: 3

4 provided ccess to physicin outside of the fcility, the Defendnt refused to provide Plintiff with the medicine she ws prescribed. 12. In the Winter nd Spring of 2017, there ws scbies outbrek in the Defendnt's 1,300- bed jil fcility in Nshville, Tennessee. The outbrek spred through vrious fcilities in nd round Nshville, Tennessee, which infested inmtes, detinees, nd those likely to come in contct with them, including court stff in Dvidson County. Those infested with the prsite develop visible rsh, which ws mde known to the Defendnt by observtion nd by frequent complints, grievnces, nd requests for medicl tretment by the inmtes. 13. The scbies infesttion leds to relentless nd unberble itching, especilly t night. The rsh results in scles, blisters, bleeding, nd open sores cused by scrtching. The rsh cused by scbies infesttion is redily distinguishble from other skin mldies due to the ppernce oftrck-like burrows in the skin, which re creted when femle mites tunnel under the surfce of the skin. Due to the severity of the itching t night, those infested with the prsite experience n inbility to sleep until they hve been treted nd the infesttion is in remission. The infesttion results in permnent, visible scrring. 14. On or bout December 13, 2016, Jennifer King ws sent to the Defendnt's fcility s pretril detinee. She ws housed within the "D Pod" for pproximtely one month. In Jnury, 2017, she trnsferred to the "E Pod," when she strted exhibiting symptoms of scbies infesttion, including visible nd pinful rsh. 15. The Defendnt houses pretril detinees with other inmtes serving sentences. There is no distinction in the conditions of their confinement. 16. Ms. King requested medicl tretment nd complined bout the Defendnt ignoring her complints nd refusing to provide medicl services. Ms. King complined to the Wrden, Cse 3:17-cv Document 1 Filed 06/16/17 Pge 4 of 21 PgeID #: 4

5 the Assistnt Wrden, the cse mngers, nd the gurds. She filed numerous grievnces, ll of which went unnswered nd ignored by the Defendnt. 17. Ms, King begged the Defendnt for relief nd tretment. It ws not until Februry 2017 tht she ws given ccess to doctor. Pursunt to the Defendnt's officil policy, custom, nd prctice of ignoring requests for medicl ttention, the Defendnt denied tht King hd ny medicl issues despite her obvious distress nd visible rsh, nd refused to llow her to obtin outside medicl tretment. 18. Plintiff Wendy Sned ws housed in "A Pod" t the Defendnt's fcility for five-month DUI sentence. Plintiff hd been chrged in 2013 nd hd remined sober in the four yers since her chrge, but ws still required to serve the time. 19. Approximtely four months into Plintiff Sned's sentence, Jennifer King ws trnsferred from E Pod into A Pod. By this time. King ws covered from hed to toe with the visible rsh nd it ws obvious tht she hd been fflicted with it for some time. The Defendnt dvised Mrs. King tht she "ws not contgious." Prior to King's rrivl, no inmtes in Plintiff Sned's unit showed ny symptoms of scbies infesttion. 20. One of the inmtes in A Pod hd ttended nursing school nd recognized the rsh. She complined to the Defendnt tht the rsh ppered to be scbies infesttion. 21. Ms. King ws plced in n 8-person cell, in close proximity to Plintiff Sned nd others. The women in this cell quickly strted developing the rsh on their bodies. Other women in A Pod strted developing the rsh s well. 22. One inmte refused to go into the sme room s King becuse she hd seen people with scbies infesttion before nd knew tht King hd the infesttion. The Defendnt did nothing in response to the inmte's repeted complints. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 5 of 21 PgeID #: 5

6 23. On or bout My 1,2017, femle gurd employed by the Defendnt serched the Internet for pictures of scbies. She stted tht the rsh tht ws spreding through the inmte popultion ppered to be scbies infesttion. 24. Inmtes begn, openly tlking bout the spred of the rsh being scbies infesttion. In response. Gurds employed by the Defendnt begn thretening Plintiff nd other inmtes tht if they mentioned the word "scbies," complined bout it, or filed grievnce, they would be plced in solitry confinement. The gurds informed Plintiff nd others tht femle inmtes from E Pod, from which Mrs. King hd trnsferred, were plced in solitry confinement for discussing the scbies infesttion. In so stting, the Defendnt cknowledged tht inmtes hd been complining bout scbies in E Pod for some time prior to Mrs. King's trnsfer to A Pod. 25. Inmtes ttempted to inform their fmily members bout the scbies infesttion over the phone nd sked their fmilies to reserch scbies on their behlf. Becuse the Defendnt monitors ll phone clls, those inmtes immeditely hd their phone privileges revoked, in retlition for ttempting to bring light to the epidemic. 26. On My 7, 2017, Plintiff noticed red bumps developing on her right mi tht resembled insect bites, which were ccompnied by intense itching nd biting senstion. 27. On My 8,2017, the bites continued to spred nd the itching intensified. Plintiff showed nurse, who dismissed Plintiffs report nd merely dvised tht Plintiff chnge her sop. Plintiff informed the nurse tht she hd been using the sme sop for the lst four months with no issues. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 6 of 21 PgeID #: 6

7 28. By My 9, 2017, Plintiffs body ws covered with the bites nd rsh, nd she requested nother sick cll. By M.y 11, inmtes were noisily complining tht the rsh ws scbies. Plintiffs request for sick cll hd still not been fulfilled. 29. Plintiff therefter begn filing forml grievnces due to the refusl of the Defendnt to provide her ccess to medicl tretment. From My 9 until her deprture from the fcility, Plintiff filed seven (7) grievnces in totl, none of which were ever ddressed by the Defendnt. 30. Becuse of the Defendnt's deliberte indifference to the grievnces filed by Plintiff nd others, the women promised to file new grievnce ech dy until the Defendnt ddressed the issue, ll of which were ignored or discrded by the Defendnt. 31. By My 12,2017, the itching ws unberble nd Plintiff ws unble to sleep. Her request for sick cll ws ignored by the Defendnt, nd ny of Plintiff s ttempts to spek bout the sick cll were met by the Defendnt with nger nd dismissl. 32. On My 13, 2017, Plintiff ws still unble to sleep nd there ws no response to her request for sick cll. Plintiff fered disciplinry ction if she ttempted to follow through on her request for sick cll. Plintiff, desperte for some sort of relief, broke down in ters to the Assistnt Wrden nd begged for medicl tretment, but none ws ever provided. 33. Plintiff hd gone 72 hours without ny sleep due to the intense itching, which ws frequent occurrence until her relese. Plintiff ws physiclly, mentlly, nd emotionlly tormented by the senstion of insects biting her nd the inbility to obtin ny relief from the Defendnt. She becme physiclly ill from the stress, developing fever nd chills. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 7 of 21 PgeID #: 7

8 Plintiff ttempted to obtin sick cll to hndle the fever, which ws refused by the Defendnt. 34. On My 14, 2017, Plintiff ws unble to hug her dughter during the Mother's Dy visit due to fer of spreding the rsh. Plintiff ws devstted. Due to the Defendnt's deliberte indifference to her medicl needs nd continued refusl to respond to Plintiffs request for medicl ttention, Plintiff experienced emotionl distress nd hopelessness. 35. On My 15, the Defendnt's fcility ws plced on lock down for 48 hours. Plintiff ws unble to communicte with her fmily nd still hd not received ny response to her request for medicl ttention. 36. On My 17, 2017, Plintiff ws finlly ble to cll her fmily, who reported the sitution to the Metro-Nshville Helth Deprtment. 37. On My 18, 2017, Nurse Prctitioner employed by the Defendnt sw Plintiff Sned nd refused to cknowledge the obvious presence of scbies. Numerous inmtes reported tht the rsh ws scbies nd tht they begged for help. Met with the Defendnt' s deliberte indifference, Plintiffs fmily requested tht the Helth Deprtment intervene. 38. On My 19, 2017, the Helth Deprtment scheduled n emergency dermtology ppointment for Plintiff Sned in Frnklin, Tennessee. Plintiffs dermtologist immeditely dignosed the rsh s scbies infesttion nd wrote prescription for both orl nd topicl medictions. 39. Upon her return from the doctor's ppointment, the Defendnt begn retliting ginst Plintiff Sned. She ws held t the intke building for over four (4) hours, during which time she ws deprived of food. Although her physicin hd dignosed nd prescribed mediction, Plintiff ws informed tht her prescriptions would not be filled. Plintiff ws Cse 3:17-cv Document 1 Filed 06/16/17 Pge 8 of 21 PgeID #: 8

9 then plced in segregtion without food, mttress or ny of her personl belongings for mny hours. She ws not llowed to cll her fmily. The Defendnt's retlition towrds Plintiff ws intended to intimidte Plintiff nd other inmtes from filing grievnces, seeking outside medicl tretment, or otherwise reporting the scbies outbrek to individuls outside of the Defendnt's fcility. 40. Also on My 19, 2017, Ms. King mde court ppernce before Judge Steve Dozier in the Dvidson County Criminl Court. A copy of the trnscript is ttched s Exhibit A. Ms. King informed the Court tht she ws enrolled in the Sheriffs Anti Violence Effort ("SAVE") progrm but tht she could not continue becuse she hd rsh covering her body. She stted tht she hd the rsh for four months. Judge Dozier sked Ms. King wht progrms she ws unble to ttend becuse of the rsh: "The Court: Wht's the - wht hs this kept you going through? M.s. King: Everything, becuse they re - The Court: You cn't go to the SAVE progrm? Ms. King: Right. They re like-i strted couple of weeks nd then I hd to go to Med-Op nd they tried to get it to hel up. So I just relly need to go to the hospitl, I do." 41. Ms. King ws relesed on probtion on or bout My 21, She immeditely went to the Bptist Hospitl ER nd ws dignosed with scbies. The ER doctor t Bptist prescribed her the medictions needed to erdicte the scbies infesttion, which she hd been suffering from for over four nd hlf months while in the Defendnt's custody. 42. On IVIy 20, 2017, Plintiff Sned ws given single dose of medicine m the morning. She ws still denied clen clothes nd sheets, phone privileges, shower fcilities, nd ny contct with her fmily for severl dys. The intentionl deprivtion of clen sheets, Cse 3:17-cv Document 1 Filed 06/16/17 Pge 9 of 21 PgeID #: 9

10 clothes nd other items necessry for bsic hygiene enbled re-infesttion of scbies to occur. 43. A hot shower is one of the few forms of temporry relief from the intense itching cused by scbies. Plintiff Sned repetedly requested hot shower but the Defendnt refused to llow her to do so, without ny justifiction. 44. On the fifth dy fter her rehirn from her emergency dermtology ppointment in Frnklin, Plintiff Sned ws finlly llowed to shower nd ws provided with clen clothes nd bedding. She remined in custody until her relese on My 30, Plintiff Sned, immeditely fter relese, went to the ER, where she finlly obtined the medicl ttention she hd been refused by the Defendnt. Due to the infectious nture of scbies, the infesttion nonetheless spred throughout her home, which Plintiff ws required to vcte in order to erdicte the infesttion. Plintiff hs incurred hundreds of dollrs in expensive mediction costs, expenses for lterntive housing t hotel, nd dditionl expenses in the cost of fumigting nd remediting the infesttion from the ixirniture, linens, nd other items within her home. 46. Plintiff Sned nd Ms. King both hve permnent scrring, nd re still recovering from the sores left from the prsites. They hve been unble to return to work fter their relese due to the risk of spreding the mite to others, nd hve therefore incurred lost wges. 47. Despite ctul knowledge of the infesttion mong the prisoner popultion, nd the intensely contgious nture of it, the Defendnt filed to tke resonble steps to mitigte the infesttion, to qurntine inmtes, or to tret those fflicted with known scbies infesttion. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 10 of 21 PgeID #: 10 10

11 48. The spred of the infesttion ws resonbly foreseeble nd the Defendnt filed to tke resonble steps to mitigte the infesttion. As direct nd proximte result of the Defendnt's cts nd omissions, the Plintiff nd clss members becme infested. 49. By virtue of the scbies infesttion, Plintiff nd the clss members were forced to endure pinful, itching rshes nd sleeplessness while they were housed t the fcility. After their relese, they were forced to be qurntined, to be bsent from work, to miss importnt fmily functions nd event, during the time they were qurntined nd recovering from the infesttion. They hve incurred the costs of medicl tretment, which is ongoing. The scbies mites hve spred within their homes, to their children nd other fmily members. 50. Plintiff hve incurred dditionl expenses for clening supplies nd professionl clening services to mitigte nd remedite the scbies infesttions in their home. 51. Plintiff hve experienced nd continue to experience pin, suffering nd emotionl distress nd humilition from the scbies infesttions within their bodies nd their homes. ADMINISTRATIVE PREREQUISITES 52. Upon her rrivl t the Defendnt's fcility. Plintiff ws never provided with copy of the Defendnt's policies nd procedures mnul or ny other document explining the grievnce process or ny other dministrtive procedure. Plintiff ws mde to sign document stting tht she received hndbook, even though none ws provided. 53. Plintiff Sned complined tht she never received hndbook nd tht the Defendnt's mles were uncler. No hndbooks were provided to ny other inmte. No copies were vilble t the prison librry. 54. During her confinement, Plintiff lerned how to file grievnce nd to request sick cll by speking with other inmtes, who hd lso lerned by wy of mouth. By filing the Cse 3:17-cv Document 1 Filed 06/16/17 Pge 11 of 21 PgeID #: 11 11

12 grievnces, Plintiff complied with ll requirements of the Prison Litigtion Reform Act, 42U.S.C. 1997e() ("PLRA") nd hd exhusted her dministrtive remedies. Plintiffs numerous grievnces were delibertely ignored by the Defendnt, nd she therefore hd no bility to ppel ny decision, none hving been mde by the Defendnt. 55. Plintiff nd other clss members were thretened from mking ny complints or filing ny grievnce, which threts included being plced in solitry confinement, deprivtion of food, clen clothes, bedding, nd the bility to bthe, s well s the loss of phone privileges. To the extent tht individuls did not file grievnces becuse of the Defendnt's express threts of retlition, nd ctul retlition to Plintiff nd others, the dministrtive process ws unvilble. 56. Becuse the Defendnt's conduct indefinitely delyed nd nullified ny dministrtive process, the dministrtive remedies required of the PLRA were unvilble to Plintiff nd other clss members. 57. To the extent tht dministrtive remedies remin unexhusted for those still housed t the fcility, those Plintiffs re entitled to injunctive relief while they continue to exhust dministrtive grievnce procedures. 58. The PLRA is inpplicble to Plintiff nd those clss members who re no longer confined in the Defendnt's fcility. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 12 of 21 PgeID #: 12 12

13 CAUSES OF ACTION COUNT I: DELIBERATE INDIFFERENCE To PLAINTIFFS' SERIOUS MEDICAL NEEDS IN VIOLATION OF PLAINTIFFS' RIGHTS GUARANTEED BY THE EIGHTH AND FOURTEENTH AMENDMENTS To THE U.S. CONSTITUTION [42 U.S.C. 1983] 59. The Defendnt is privte entity tht contrcts to perform trditionl stte function of operting prison, nd the Defendnt's employees performed governmentl functions. The Defendnt's officils therefore cted under color of lw. 60. The Defendnt's officil policies nd customs of ignoring nd/or substntilly delying requests for medicl tretment cused the violtion of the Plintiffs' constitutionlly protected rights. 61. Plintiffs infesttion with scbies constituted sufficiently serious medicl need for tretment. Plintiffs were confined under conditions posing substntil risk of serious hrm. 62. Due to the extremely contgious nture of scbies infesttions, the filure to promptly tret scbies posed n obvious nd substntil risk of hrm to other inmtes. 63. Dozens of grievnces nd requests for medicl ttention were filed by Plintiff nd members of the clss nd submitted to prison officils, ll of which were ignored. The officils knew there ws substntil risk of serious hrm to Plintiffs nd members of the clss, but filed to ct. 64. Despite the numerous ples for medicl ssistnce, the Defendnt did not even summon medicl professionl to exmine Plintiff or members of the clss. 65. Prison officils, including the Wrden nd Assistnt Wrden, the prison gurds, nd nursing stff, ll hd ctul nd/or constructive knowledge of widespred scbies Cse 3:17-cv Document 1 Filed 06/16/17 Pge 13 of 21 PgeID #: 13 13

14 infesttion spreding throughout the Defendnt's fcility. These officils hd knowledge of the Plintiffs' sserted serious needs, or were wre of the circumstnces clerly indicting the existence of such needs, or subjectively perceived risk of hrm, but then disregrded it by filing to tke resonble mesures to bte it. 66. Plintiff Sned's medicl need ws dignosed by physicin s mndting tretment, which ws subsequently ignored by the Defendnt. The Defendnt refused to provide Plintiff with her prescription mediction nd retlited ginst her for seeking outside medicl tretment. 67. The need to tret scbies is obvious even to lyperson. The condition visibly spred to more res on the body ofinfested inmtes. It is pprent tht dely in treting scbies infesttion would detrimentlly excerbte the medicl problem. 68. The medicl conditions of Plintiff Sned nd members of the clss worsened s result of the Defendnt's refusl to provide medicl services. 69. Becuse of the Defendnt's continued, deliberte indifference to Plintiffs' medicl needs, the inhumne conditions of confinement constituted cruel nd unusul punishment within the mening of the Eighth Amendment. 70. The pttern nd prctice of ignoring ll inmte complints ws the product of the policies nd customs of the Defendnt. 71. The prolonged deprivtion of medicl tretment ws serious nd ddressed the specific, bsic humn need for medicl tretment nd ccess to medicl tretment. The deprivtion to Plintiff nd members of the clss ws sufficiently severe to constitute inhumne prison conditions. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 14 of 21 PgeID #: 14 14

15 72. The Defendnt cted with mlice when it retlited nd disciplined Plintiff nd clss members for exercising their right to demnd medicl tretment. 73. As result of the Defendnts' ctions, Plintiffs were deprived of fundmentl rights gurnteed by the United Sttes Constitution, including the right to dequte medicl cre for their serious medicl needs while in the custody of the stte. The Defendnt's ctions described herein violted the Eighth Amendment's prohibition ginst cmel nd unusul punishment, nd the Fourteenth Amendment's gurntee of substntive due process. 74. As direct nd foreseeble result of the Defendnt's violtions of Plintiffs' rights, Plintiffs hve suffered nd will continue to suffer physicl injury nd scrring, the nture of which is permnent. COUNT II; Violtion of Plintiffs' Rights to Due Process for Filure to Protect nd Exposure to Stte Creted Dnger 75. Plintiff nd members of the clss were involuntrily confined or restrined ginst their will pursunt to governmentl order or by the ffirmtive exercise of stte power by the Defendnt. 76. By virtue of the specil reltionship of the stte-imposed custodil setting, the Defendnt ws under n ffirmtive obligtion to spend its resources to protect Plintiff nd members of the clss from hrm. 77. The Defendnt hd exclusive control over the movement nd plcement of inmtes in its custody. The Defendnt knowingly nd intentionlly trnsferred infested inmtes into the crowded cells of helthy inmtes, plcing them in close proximity to dngerous contgion. Plintiff nd the clss members hd no bility to trnsfer wy from infested inmtes. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 15 of 21 PgeID #: 15 15

16 78. The Defendnt's filure nd refusl to tret the scbies infesttion llowed it to spred to new hosts nd cused the infesttion to intensify nd spred. The Defendnt therefore ws the primry cuse of the dngers to which Plintiff ws exposed nd incresed the vulnerbility of Plintiffs to these dngers. 79. The Defendnt, hving creted the dnger confronting the Plintiff, owed corresponding duty to protect Plintiff by isolting those infested with scbies nd to immeditely tret them. 80. The Defendnt's filure nd refusl to cknowledge or respond to the scbies infesttion deprived Plintiff nd members of the clss of their rights to due process, gurnteed by the Fourteenth Amendment to the U.S. Constitution. COUNT III: Filure to Trin [42 U.S.C. 1983] 81. The Defendnt filed nd refused to trin its employees upon the proper methods nd mens to detect, prevent, nd tret scbies infections within its fcility. The incidents of infesttion were prevlent, involving dozens of inmtes. Notice from Plintiffs dermtologist tht she hd scbies ws lone sufficient to lert the Defendnt of genuine dnger. 82. The Defendnt's refusl to cknowledge the infesttion, when confronted with dozens, if not hundreds of medicl requests nd grievnces, is indictive of profound lck of understnding, nd is evidence of filure to trin. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 16 of 21 PgeID #: 16 16

17 CLASS ACTION 83. Plintiffs seek clss certifiction of ll clims pursunt to Fed.R-Civ.P. 23. The Defendnt hs cted or refused to ct on grounds tht pply generlly to the clss, so tht the clims for dmges nd for finl injunctive relief is pproprite respecting the clss s whole. 84. The clss is defined s ll femle inmtes exposed to nd infested with scbies, who re, who hve been, or who in the future my become, housed t the Defendnt's fcility in Dvidson County. 85. The number of persons whose rights hve been similrly violted by the Defendnt re too numerous to join in this ction. The Plintiff clss members re redily identifible using records mintined in the regulr course of business by Defendnt The questions of lw described in this Complint nd the fcts regrding them re common to ll persons who were exposed nd subsequently contrcted scbies becuse of the cts of the Defendnt. 87. One common question is whether the Defendnt hs policy or prctice of refusing to provide Plintiffs with medicl cre nd retliting ginst them when they seek outside medicl cre. 88. Another common question is whether the Defendnt fils to trin its employees dequtely in regrd to the medicl needs of inmtes infested with scbies, in deliberte indifference to the obvious need for such trining, nd whether it mintins its lck of trining in deliberte indifference to the serious medicl needs of its inmtes infested with scbies. 89. The clims of the Plintiff re typicl of clims of this clss, s their clims rise from the sme policies, prctices, cts, nd omissions s those of the Plintiff clss. The nmed Plintiffs' clims re bsed on the sme theory s the clims of the respective clss. Cse 3:17-cv Document 1 Filed 06/16/17 Pge 17 of 21 PgeID #: 17 17

18 90. Plintiff hs been injured s result of the Defendnt's ctions ddressed in this lwsuit in the sme wy s the other members of the proposed clss. 91. The Plintiff will firly nd dequtely protect the interests of the clss. The nmed Plintiff does not hve ny interests ntgonistic to the interests of the clss. 92. By wy of this lwsuit, the nmed Plintiff, on behlf of the proposed clss, seeks in prt to enjoin nd restrin the unlwful cts nd omissions of the Defendnt. 93. The prosecution of seprte clims would crete risk of inconsistent djudictions mong members of the proposed clss, nd might estblish inconsistent stndrds of conduct up the Defendnt. 94. Adjudictions with respect to individul members of the clss would s prcticl mtter be dispositive of the interests of other members not prties to the djudiction, nd might substntilly impir or impede their bility to protect their interests. 95. The interests of Plintiff s clss representtive re identicl to the interest of ech clss member. INJUNCTIVE RELIEF 96. The clss members who re currently incrcerted hve no plin, dequte or complete remedy t lw to redress the wrongs lleged herein, nd injunctive relief sought herein is their only mens of securing dequte relief. 97. The clss members re now suffering, nd will continue to suffer, irreprble injury from Defendnts' unlwful conduct s set forth herein, unless enjoined by this Court. 98. Plintiff clss members seek permnent injunction enjoining the Defendnt, its gents, employees, nd ll those cting in concert with the Defendnt under color of stte lw, from continuing to violte the Eighth nd Fourteenth Amendments of the U.S. Constitution Cse 3:17-cv Document 1 Filed 06/16/17 Pge 18 of 21 PgeID #: 18 18

19 nd to immeditely cese intimidting, thretening, nd retliting ginst inmtes for demnding medicl cre for their serious medicl needs nd to immeditely provide dequte orl nd topicl mediction sufficient to fully tret ll those dignosed with scbies. 99. Plintiff clss members seek permnent injunction requiring the Defendnt to provide fll medicl stff dequte to meet the needs of those infested with scbies nd cpble of dispensing mediction nd monitoring their tretment until completion. DAMAGES 100. Plintiff brings tms suit for ll dmges recoverble by lw including, without limittion, dmges for personl injury, for pin nd suffering cused in the pst nd future, for loss of enjoyment of life pst nd futire, for lost wges, f6r impirment of the Plintiffs cpcity to ern income, nd for ll medicl expenses which re resonble nd necessry nd mde necessry by the cts nd omissions of the Defendnt In ddition, becuse of the reckless nd intentionl conduct of the Defendnt, Plintiff nd ech member of the clss re entitled to punitive dmges. WHEREFORE, Plintiff, individully nd on behlf of ll others similrly situted, pry for judgment s follows: 1. Tht process issue to the Defendnt to pled or respond in the time provided by lw; 2. Tht the Court determine, s soon s prcticble, nd consistent with the requirements of Fed. R. Civ. P. 23, by order tht Plintiffs proposed clss ction my be mintined, nd provide notice s my be pproprite pursunt to Rule 23; 3. Tht the Court upon finl hering declre nd find tht the defendnt ws delibertely indifferent to the helth nd sfety of the Plintiff clss members; Cse 3:17-cv Document 1 Filed 06/16/17 Pge 19 of 21 PgeID #: 19 19

20 4. Tht Plintiff clss members be wrded judgment ginst the Defendnt for ll dmges vilble under Tennessee nd federl lw s will fully compenste the Plintiff clss members for ll injuries cused by the Defendnt's ctions nd filure to ct, s lleged herein; 5. Tht Plintiff clss members be wrded punitive dmges for the Defendnt's frudulent, intentionl, reckless, nd mlicious conduct; 6. Tht this Court find tht the policies, prctices, procedures, conditions nd customs of the Defendnts re violtive of the rights of Plintiff clss members s secured by the Eighth nd Fourteenth Amendments of the U.S. Constitution. 7. Tht Plintiff clss members be wrded the costs of bringing this suit, including resonble ttorney's fees nd litigtion expense pursunt to 42 U.S.C nd pplicble lw; 8. Tht Plintiffs nd the other Members of the Clss be wrded such generl relief to which they my be entitled, t lw or in equity. Respectfully submitted, THE BLACKBURN FIRM, PLLC W. (^T^Ick^um (#3484) BryntKroll(#3'3394) 213 Fifth Avenue North, Suite 300 Nshville, TO P: (615) F: (866) gblckburn@wgryblckbum. corn bkroll(%wgryblckburn. corn Cse 3:17-cv Document 1 Filed 06/16/17 Pge 20 of 21 PgeID #: 20 20

21 Jeffery S. Roberts, #20263 JEFF ROBERTS & ASSOCIATES, PLLC 213 Fifth Avenue North, Suite 300 Nshville, W P: (615) F: (615) Jeff@middletninjury. corn R. Joshu McKee THE MCKEE LAW FIRM 213 Fifth Avenue North, Suite 300 Nshville, TN P: (615) F: (615) rim(5)jimckeelw.com Attorneys for Plintiffs Cse 3:17-cv Document 1 Filed 06/16/17 Pge 21 of 21 PgeID #: 21 21

22 IN THE CRIMINAL COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE STATE OF TENNESSEE, Plintiff, vs A-444 JENNIFER KING, Defendnt. Trnscript of Excerpt of Sentencing Hering Before the Honorble Steve Dozier My 19, 2017 Appernces: For the Stte: Generl J. Wesley King Assistnt District Attorney Generl Nshville, Tennessee For the Defendnt; Ms. Leh Wilson Attorney t Lw Nshville, Tennessee Shn Crwford, OCR Officil Court Reporter Division Z Nshvs.lle, Tennessee (931) * (615) X Cse 3:17-cv Document 1-1 Filed 06/16/17 Pge 1 of 7 PgeID #: 22

23 1 PROCEEDINGS 2 3 (The following is n expert of requested 4 testimony tken from the Sentencing 5 Hering in Stte of Tennessee v. 6j Jennifer King,, cse number 2017-A-444 on 7 My 19, 2017.) 8 9 CROSS-EXftMINATION BY GENERAL KING: (CONTINUED) 10 I Q. You hve been clen nd sober while 11 I you've been in jil,. correct? 12 I. A. Yes. 13 I Q. And you've sid you've tken one clss 14 I nd you're signed up for tking prenting clss; is 15 tht right? 16 I A. Yes. And they sid I could continue it 17 j when I go home. I cn continue i,t on the outside. 18 I Q. When re you set to get enrolled in tht 19 clss in custody? 20 [ A. Like I've lredy strted,, but I've 21 I cught rsh. You cn -- I men, it's ll over my 22 body (demonstrting) from something -- mildew or 23 j something like mold ~- not mildew, mold. And I 24 I. couldn't strt it, they hd me in Med-Op (phonetic). 25 I Q. Oky. So how long is -- how long is Cse 3:17-cv Document 1-1 Filed 06/16/17 Pge 2 of 7 PgeID #: 23

24 1 tht progrm? 2 A. Like six weeks, I think. 3 4 THE COURT: So they won't let you bck 5 until tht clers up? 6 THE WITNESS: Right. And it's tooken 7 forever, like 8 UNIDENTIFIED SPEAKER: She's hd it for 9 four months, Your Honor. 10 THE COURT: Excuse me? 11 UNIDENTIFIED SPEAKER: She's hd it for 12 four months 13 THE WITNESS: I've hd this rsh for 14 four months 15 THE COURT: I thought you've been in 16 yeh, I " 17 THE WITNESS: It's on my legs, my bck,. 18 everywhere (demonstrting). 19 THE COURT: Were you in the progrm 20 some? 21 THE WITNESS: A little, yeh. 22 THE COURT: You sid you went couple 23 of weeks? 24 THE WITNESS: No, in my SAVE progrm, I 25 did. Cse 3:17-cv Document 1-1 Filed 06/16/17 Pge 3 of 7 PgeID #: 24

25 1 I THE COURT: Right. 2 [ THE WITNESS: And they sid I continue 3 I ll of them on the streets. So if I get out/ I cn continue prenting, whtever -~ 5[ THE COURT: But re you in tht now? 6 THE WITNESS: Yes. 7 I THE COURT: Wht's the wht hs this kept you out of going through? THE WITNESS: Everything, becuse they 10 I re 11 I THE COURT: You cn't go to the SAVE 12 progrm? 13j THE WITNESS: Right. They re like I 14 [ strted couple of weeks nd then I hd to go to 15 I Med-Op nd they tried to get it to hel up. So I 16 I just relly need to go to the hospitl, I do. 17 I THE COURT: All right. 18 I MS. WILSON: Cn I sk one follow up 19 question? 20 j THE COURT: Uh-huh I REDIRECT EXAMINATION BY HS. WILSON: 23 g Q. Are they treting you for the rsh? 24 j A. They re giving me fungl pill nd 25 [ some crem to put on it, nd tht's bout it. I've Cse 3:17-cv Document 1-1 Filed 06/16/17 Pge 4 of 7 PgeID #: 25

26 1 I begged them to tke me to the hospitl to mke sure 2] nd they just won't MS. WILSON: Tht's ll I hve. Your 5 I Honor. 6 I THE WITNESS: Am I done? 7 THE COURT: Yeh. You cn hve set 8 with your ttorney. 9 Yes, wht else do you wnt to dd? 10 I UNIDENTIFIED SPEAKER: I ws just going 11g to sy there is like 80 womn tht re broke out t 12 the fcility tht they re treting trying to get rid 13 of. 14 THE COURT: Oky. We need to get n 15 j I~Tem specil report on them out there like they did 16 I Bellevue Middle School. They re fixing Bellevue 17 Middle School pprently from mold. 18 I MS. WILSON: And the PD just informed me 19 tht pprently there is scbies outbrek t the 20 tht 21 THE COURT: -A wht outbrek? 22 I ' MS..WILSON: Scbies; is tht right? 23E MS. FATE: Allegedly Ms. Sims nd one 24 other ttorney t our office hve been e-miled not e-miled, but contcted by femle inmte t Cse 3:17-cv Document 1-1 Filed 06/16/17 Pge 5 of 7 PgeID #: 26

27 this fcility sying tht they think tht they hve scbies nd it's not being ddressed. I think tht's -- THE COURT: Is scbies like rbies? UNIDENTIFIED SPEAKER: It's like body lice. MS. PATE; It's skin itching. THE COURT: All right. Does the Stte cre to be herd? (End of requested excerpt from hering.) Cse 3:17-cv Document 1-1 Filed 06/16/17 Pge 6 of 7 PgeID #: 27

28 1 I I the undersigned, Shn Crwford, 2 j officil court reporter for the 20th Judicil 3g District of the Stte of Tennessee, do hereby certify 4] the foregoing is true ccurte nd complete 5 trnscript to the best of my knowledge nd bility of 6 the proceedings hd nd evidence introduced in the 7 cptioned cuse. I further certify tht I m neither ttorney 9 ' for, nor relted to the prties to this cuse nd 10 S furthermore tht I m not reltive of ny ttorney 11 I or counsel of the prties hereto or finncilly 12 I interested in the ction >-y...--;^ ^":""1 17 ^ ^ 18 '..,""' 19 Shn Crwford, LCR 20 j Officil Court Reporter Cse 3:17-cv Document 1-1 Filed 06/16/17 Pge 7 of 7 PgeID #: 28

29 JS44 (Rev. 06/17) CIVIL COVER SHEET The JS 44 civil cover sheet nd te informtion contined herein neither replce nor supplement the filing nd or other ppers s reguired b^lw, except s provided by locl rules of court. This form, pproved by the Judicil Conference of the United Sttes in September 1974, is required for the use of the Clerk of Court for the purpose of'inititing the civil docket sheet.' (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. () PLAINTIFFS Wendy Sned, individully nd on behlf of others similrly situted DEFENDANTS CoreCivic of Tennessee, LLC f/k/ Corrections Corportion of Am. (b) County of Residence of First Listed Plintiff Chethm (EXCEPT IN U.S. PLAINTIFF CASES) (c) Attorneys (Firm Nme, Address, nd Telephone Number) County of Residence of First Listed Defendnt Dvidson (IN U.S. PLAINTIFF CASES ONLY) NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) W. Gry Blckburn, Brynt Kroll, Jeff Roberts, Josh McKee 213 Fifth Ave. N., Suite 300, Nshville, TN II. BASIS OF JURISDICTION (Plce,, "X" m One Box Only) i U.S. Government ^ 3 Federl Question Plintiff (U.S. Government Not Prty) III. CITIZENSHIP OF PRINCIPAL PARTIES (Plce n "X" m OneBoxforPlmtiff (For Diversity Cses Only) nd One Box for Defendnt) PTF DEF PTF DEF Citizen of This Stte Of, 1 01 Incorported or Principl Plce 04 C(4 of Business In This Stte 2 U.S. Govemmeut Defendnt 0 4 Diversity (Indicte Citizenship of Prties m Item III) Citizen of Another Stte 0 Z 02 Incorported nd Principl Plce of Business In Another Stte IV. NATURE OF SUIT y lce n "X" in One Box Only) L 0 D 0 CONTRACT TORTS 110 Insurnce 120 Mrine 130 Miller Act 140 Negotible Instrument 150 Recovery of Overpyment & Enforcement of Judgment 151 Medicre Act 152 Recovery of Defulted Student Lons (Excludes Veterns) 153 Recovery of Oveipyment of Vetern's Benefits 160 Stockholders' Suits 190 Other Contrct 195 Contrct Product Libility 196 Frnchise L ^REAL PROPERTY" 210 Lnd Condemntion 220 Foreclosure 230 Rent Lese & Ejectment 240 Torts to Lnd 245 Tort Product Libility 290 All Other Rel Property PERSONAL INJURY 310 Airplne Airplne Product Libility Assult. Libel & Slnder D 330 Federl Employers' Libility 340 Mrine 345 Mrine Product Libility Motor Vehicle 355 Motor Vehicle Product Libility Other Personl Injury d 362 Personl Injury - Medicl Mlprctice CIVILMGHTS CT; 440 Other Civil Rights Voting Employment Housing/ Accommodtions Amer. w/disbilities - Employment H 446 Amer. w/disbilities - Other Eduction V. ORIGIN (Plce n "X" in One Box Only) KI Originl 0 2 Removed from Proceeding Stte Court VI. CAUSE OF ACTION 3 PERSONAL INJURY 365 Personl Injury - Product Libility 367 Helth Cre/ Phrmceuticl Personl Injury Product Libility 368 Asbestos Personl Injury Product Libility PERSONAL PROPERTY 370 Other Frud 371 Truth in Lending 380 Other Personl Property Dmge 385 Property Dmge Product Libility JPMSONERPETJTiONST Hbes Corpus: 463 Alien Detinee 510 Motions to Vcte Sentence 530 Generl 535 Deth Penlty Other: 540 Mndmus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detinee - Conditions of Confinement Remnded from Appellte Court Citizen or Subject of Foreign Country FORBEITGRE/PENALTY 625 Drug Relted Seizure of Property 21 USC Other LABOR 710 Fir Lbor Stndrds Act 720 Lbor/Mugement Reltions 740 Rilwy Lbor Act 751 Fmily nd Medicl Leve Act 790 Other Lbor Litigtion 791 Employee Retirement Income Security Act IMMIGRATION 462 Nturliztion Appliction Other Immigrtion Actions Reinstted or Reopened Foreign Ntion 422 Appel 28 USC Withdrwl 28 USC Trnsferred from Another District (specify) Click here for: Nture of Suit Code Descriptions. BANKRUPTCY OTHER STATUTES I PROPERTY RIGHTS" 820 Copyrights 830 Ptent 835 Ptent - Abbrevited New Drug Appliction 840 Trdemrk SOCIAL SECUMTY 861HIA(1395ff) 862 Blck Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865RSI(405(g)) 3IDISRA1 TAX SOrre 870 Txes (U.S. Plintiff or Defendnt) 871IRS Third Prty 26 USC 7609 Cite the U.S. Civil Sttute under which you re filing (Do not cite jurlsdictionl sttutes unless diversity): 42U.S.C.S Multidistrict Litigtion - Trnsfer Flse Clims Act 0 376QuiTm(31USC 3729()) Stte Repportiomnent 410 Antifrust Bnks nd Bnking d 450 Commerce Deporttion Rcketeer Influenced nd Corrupt Orgniztions Consumer Credit 0 490Cble/StTV Securities/Commodities/ Exchnge 890 Odier Sttutoiy Actions 891 Agriculturl Acts Environmentl Mtters Freedom of Informtion Act Arbitrtion Adminish-tive Procedure Act/Review or Appel of Agency Decision Constitutionlity of Stte Sttutes! Multidistrict Litigtion - Direct File Brief description of cuse: Deliberte indifference to Plintiff's serious medicl needs, in violtion of 8th nd 14th Amendment VII. REQUESTED IN St CHECK IF TfflS IS A CLASS ACTION DEMANDS CHECK YES only if demnded in complint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: 0 Yes ^j No VIII. RELATED CASE(S) DATE 06/15/2017 FOR OFFICE USE ONLY (See Instructions): JUDGE ATjeRNEZO-e,:.RECORD DOCKET NUMBER RECEIPT # AMOUNT Cse 3:17-cv Document APPLYING IFP1-2 Filed 06/16/17 JUDGE Pge 1 of 1 PgeID MAG. JUDGE#: 29

30 AO 440 (Rey. 06/12) Sumthons in Civil Action UNITED STATES DISTRICT COURT for the Middle District of Tennessee Wendy Sned Plintiffs) v. Civil Action No. -9`17 CoreCivic of Tennessee, LLC, f/k/ Corrections r.nrnnrliclietdrgikrh.rin SUMMONS IN A CIVIL ACTION To: (Defendnt's nme nd ddress)ct Corportion System 800 S. Gry Street Suite, 2021 Knoxville, TN A lwsuit hs been filed ginst you. Within 21 dys fter service ofthis summons on you (not counting the dy you received it) or 60 dys if you re the United Sttes or United Sttes gency, or n officer or employee ofthe United Sttes described in Fed. R. Civ. P. 12 ()(2) or (3) you must serve on the plintiff n nswer to the ttched complint or motion under Rule 12 of the Federl Rules of Civil Procedure. The nswer or motion must be served on the plintiff or plintiff's ttorney, whose nme nd ddress re: W. Gry Blckburn Brynt Kroll The Blckburn Firm, PLLC 213 Fifth Avenue North Suite 300 Nshville, TN If you fil to respond, judgment by defult will be entered ginst you for the relief demnded in the complint. You lso must -file your nswer or motion with the court. KEITH THROMMORTON CLERK OF COURT Dte: Signture of Clerk or Deputy Clerk Cse 3:17-cv Document 1-3 Filed 06/16/17 Pge 1 of 2 PgelD 30

31 AO 440 (Rev. 06/12) Summons in Civil Action (Pge 2) Civil Action No. PROOF OF SERVICE (This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (0) This summons for (nme ofindividul nd title, fny) ws received by me on (dte) O I personlly served the summons on the individul t (plce) on(dte); Or O Heft the summons t the individul's residence or usul plce of bode with (nme) person ofsuitble ge nd discretion who resides there, on(dte), nd miled copy to the individul's lst known ddress; or O I served the summons on (nme ofindividul), who is designted by lw to ccept service of process on behlf of (nme oforgniztioli) On(dte); or O I returned the summons unexecuted becuse; Or O Other (spee05, My fees re for trvel nd for services, for totl of 0.00 I declre under penlty ofperjury tht this informtion is true. Dte: Server's signture Printed nme nd title Server's ddress Additionl informtion regrding ttempted service, etc: Cse 3:17-cv Document 1-3 Filed 06/16/17 Pge 2 of 2 PgelD 31

32 ClssAction.org This complint is prt of ClssAction.org's serchble clss ction lwsuit dtbse nd cn be found in this post: Lwsuit: Nshville Jil Fcility Ignores Scbies Outbrek, Refuses Cre