University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Snead v. CoreCivic PC-TN-0017
Docket / Court 3:17-cv-00949 ( M.D. Tenn. )
Additional Docket(s) 3:17-cv-00958  [ 17-958 ]  M.D. Tenn.
State/Territory Tennessee
Case Type(s) Prison Conditions
Special Collection Post-WalMart decisions on class certification
Case Summary
On June 16, 2017, a former inmate housed in the Metro-Davidson County Detention Facility (“MDCDF”), filed this class action complaint in the U.S. District Court for the Middle District of Tennessee, against CoreCivic of Tennessee (formerly the Corrections Corporation of America), a private ... read more >
On June 16, 2017, a former inmate housed in the Metro-Davidson County Detention Facility (“MDCDF”), filed this class action complaint in the U.S. District Court for the Middle District of Tennessee, against CoreCivic of Tennessee (formerly the Corrections Corporation of America), a private company operating the facility. On October 27, 2017, the original plaintiff and another former inmate that had been incarcerated there filed an amended complaint. The case was assigned to the U.S. District Judge Aleta A. Trauger.

According to the amended complaint, brought under 42 U.S.C. § 1983, for violation of the Eighth and Fourteenth Amendments with respect to the prohibition against cruel and unusual punishment and substantive due process, and failure to train their medical staff, the defendant, with deliberate indifference, had systematically failed and refused to provided adequate health care to current and former inmates while they were at the facility, a 1,300-bed prison for male and female pretrial detainees and convicted prisoners serving sentences. Besides a general lack of adequate health care, the plaintiffs argued that the defendant permitted the occurrence of a scabies outbreak in 2016, failing and refusing to implement and follow an effective infection-control policy prior to, during, or after the outbreak.

The plaintiffs asked for punitive damages, as well as an injunctive relief enjoining the defendants from "intimidating, threatening, and retaliating against inmates for demanding medical care for their serious medical needs and to immediately provide adequate oral and topical medication sufficient to fully treat all those diagnosed with scabies." The complaint also asked for the court to require the defendant "to provide a full medical staff adequate to meet the needs of those infested with scabies and capable of dispensing medication and monitoring their treatment until completion.”

The plaintiffs sought to certify three different subclasses:

A. The “Scabies Class:” All current and former inmates who had a skin rash consistent with a scabies infestation who were denied treatment, or whose delayed treatment by the Defendant caused the inmate’s condition to worsen, since October 1, 2016.

B. The “Denied Prescriptions Class:” All current and former inmates who were prescribed medication that was not administered as prescribed, or whose prescribed plan of treatment was interrupted or delayed by the Defendant, since October 1, 2016.

C. The “Denied Medical Attention Class:” All current and former inmates who requested, but were denied medical attention or treatment since October 1, 2016.

On September 25, 2017, the court consolidated this case with John Doe v. CoreCivic of Tennessee, also in this Clearinghouse, brought before the same trial court by a former inmate on behalf of inmates and former inmates at MDCDF who contracted scabies and were denied adequate medical attention by the defendant.

On October 27, 2017, the plaintiffs amended their complaint. On June 27, 2018, the court denied certification of (B) “Denied Prescriptions” and (C) “Denied Medical Attention” subclasses, because the plaintiffs had not shown that the violation affected certain number of people to authorize the use of class actions, and also denied certification of any class related to the injunctive relief, as the plaintiffs lacked standing for seeking prospective relief as former inmates, unable to adequately represent the interests of current inmates. The (A) “Scabies Subclass” was certified, defined as “all former inmates of MDCDF who are not currently incarcerated and who, while still incarcerated at MDCDF, had a skin rash consistent with a scabies infestation and who were denied treatment, or whose delayed treatment caused the condition to worsen, since October 1, 2016.”

The case is ongoing as of February 2018.

Marcella Pereira Ferraro - 01/31/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
General
Bathing and hygiene
Conditions of confinement
Failure to train
Medical/Mental Health
Medical care, general
Medication, administration of
Skin Infections
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action 42 U.S.C. § 1983
Defendant(s) CoreCivic of Tennessee, LLC
Plaintiff Description "All former inmates of MDCDF who are not currently incarcerated and who, while still incarcerated at MDCDF, had a skin rash consistent with a scabies infestation and who were denied treatment, or whose delayed treatment caused the condition to worsen, since October 1, 2016.”
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2017
Case Ongoing Yes
Case Listing JC-TN-0009 : Doe v. CoreCivic of Tennessee (M.D. Tenn.)
Additional Resources
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  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
3:17−cv−00949 (M.D. Tenn.)
PC-TN-0017-9000.pdf | Detail
Date: 08/03/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
PC-TN-0017-0001.pdf | Detail
Date: 06/16/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint [ECF# 15]
PC-TN-0017-0002.pdf | Detail
Date: 10/27/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum [ECF# 36] (2018 WL 3157283) (M.D. Tenn.)
PC-TN-0017-0003.pdf | WESTLAW | Detail
Date: 06/27/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Brown, Joe B. (M.D. Tenn.) [Magistrate] show/hide docs
PC-TN-0017-0002
Trauger, Aleta Arthur (M.D. Tenn.) show/hide docs
PC-TN-0017-0002 | PC-TN-0017-0003 | PC-TN-0017-9000
Plaintiff's Lawyers Blackburn, William Gary (Tennessee) show/hide docs
PC-TN-0017-0001 | PC-TN-0017-0002 | PC-TN-0017-9000
Kroll, Bryant B. (Tennessee) show/hide docs
PC-TN-0017-9000
McKee, R. Joshua (Tennessee) show/hide docs
PC-TN-0017-0001 | PC-TN-0017-0002 | PC-TN-0017-9000
Roberts, Jeffery S. (Tennessee) show/hide docs
PC-TN-0017-0001 | PC-TN-0017-0002 | PC-TN-0017-9000
Defendant's Lawyers Callen, Jason (Tennessee) show/hide docs
PC-TN-0017-9000
Nutini, Paige Ayres (Tennessee) show/hide docs
PC-TN-0017-9000
Polly, Erin Palmer (Tennessee) show/hide docs
PC-TN-0017-9000
Welborn, Joseph F III (Tennessee) show/hide docs
PC-TN-0017-0002 | PC-TN-0017-9000

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