IN THE CIRCUIT COURT FOR DAVIDSC

20 JUDICIAL DISTRICT, NASHVILLE,

ESTATE OF NONNIE KASBEN,
WANDA BROWN, PENNY
ABUIARACH, JASON MCCAWLEY,
MICHAEL DICE, THOMAS SCALF,
DESTINY KASBEN, and DALTON
KASBEN,
Plaintiffs
vs,
CORRECTIONS CORPORATION
OF AMERICA, METROPOLITAN
GOVERNMENT OF NASHVILLE
AND DAVIDSON COUNTY,
Defendants.

Docket No.; tUCJl AOl

JURY DEMAND

COMPLAINT
The family members and Estate of Ms. Nonnie Kasben, by Counsel,
respectfullysue the Defendants as
follows:
1. Ms. Nonnie Kasben was a citizen and resident of Nashville, Davidson
County, Tennessee. At the time of her death, Ms. Kasben was incarcerated.at MetroDavidson County Detention Facility.
2. Wanda Brown isthe Mother of Ms. Kasben. Penny Abularach and Jason
McCawleyare,the siblings of Ms. Kasben. Michael Dice, Thomas Scalf,DestinyKasben,
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 the care and supervision
of the Corrections Corporation of America at the Metro-Davidson County Detention
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Exhibit A
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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 time 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.
Paramedics were present outside 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 until after she had already
died.
Count I- Failure to Render Aid
15. The Metropolitan Government of Nashville and Davidson County and
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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 at a distance for approximately thirty
(30) minutes, until Ms. Kasben had already died. The Metropolitan Government of
Nashville and Davidson County had a 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 for negligence 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
Davidson 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 inmates, who
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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 America failed to have anyone with medical training assistMs. Kasben in a 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 the facility 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 least one (1) employee, following the death of Ms. Kasben.
Count IV- Negligence Per Se
19. In the alternative, the Metropolitan Government of Nashville and
Davidson County and the Corrections Corporation of America are 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 standards for local jails,
lock-ups, and workhouses, including, but not limited to, standards for physical facilities and
standards for correctional programs of treatment,,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
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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 of" 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 Americaviolated 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 least thirty (30) minutes, after corrections
personnel were made aware of her seizing and foaming, without anyone rendering medical
assistance to Ms, Kasben. By the time paramedics were permitted to enter Ms. Kasben's
cell, she had already died. The employees of Corrections Corporation of America, with
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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 immediately, 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. Kasben1sright 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:
taylor@pIsonplc.com
Attorneys for Plaintiffs

10897.COMPLAINT.3.7.2016

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IN THE CIRCUIT COURT OF DAVIDSON COUNTY, TENNESSEE

TWENTIETH JUDICIAL DISTRICT, STATE OF TENNESSEE
Estate of Nonnle Kasben, et. al,
Plalntlff{s)

vs.

Docket No.

Correction Corp. of America, et al.

Defendant^)

CQSTBQNP
l/We, QlsonftQhnn, Pl.C
as Prlnctpal(s). and Mark FL 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 Circuit Court for the Twentieth Judicial District, at
Nashville, Tennessee, tf the Principalis) shall pay all costs which are adjudged against them, then this obligation Is void, If the
Principalis) fail(s) to pay, then the Surety shall undertake to pay all costs adjudged against die Principalis).
Mandated at
T.CA 20-12-120, et seq,
PRINCIPALIS):

Olson & Olson, PLC

p^iNctPAi

6$"

o-

k<*Wrn
=

PRINCIPAL

112 South Second Street,Suite 200

Clarksvllle, Tennessee 37040

^Principal

-v

t-o<s

Address

Address

Employer

Employer

Employer's Address

Employer's Address

Q{PIC

(signature), or
by

PrfHcFpal

(signature), or

by

PrEclj

Attorney (signature)

Attorney (signature)

it
Mark R, Olson
BPR#

11630

SIGNATURE OF 5U

SURETY
{Print or TypeSurety)

& \\t$0
112 South Second Street, Suite 200
Clarksvllle, Tennessee 37040
Telephone: 931-648-1517

"ADDRESS

[Rev. 7-1-07]

Case 3:16-cv-00805 Document 1-1 Filed 04/26/16 Page 7 of 9 PageID #: 10

CIRCUIT COURT SUMMONS

NASHVILLE, TENNESSEE

STATE OF TENNESSEE
DAVIDSON COUT&H/IIFI
rn
20 JUDICIAL DIST

M FIRE,

n A"as
//
Jfj
A //;
Pluriss

^r.CLpd
.VIL ACTION^
--DOCKET NO. 1(JC74(Q
H

ESTATE OF NONNIE KASBEN, ET. AL.

Method of Service:

Plaintiff

Vs.

\ Davidson County Sheriff

[ Out of County Sheriff

CORRECTIONS CORP OF AMERICA, ET. AL.

| | Secretary of State

c/o CT CORPORATION

[x] Certified Mail

800 S GAY STREET, SUITE 2021

Personal Service

KNOXVILLE, TENNESSEE 37929-9710

Commissioner of Insurance

Defendant

To the above named Defendant:

bl

A/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, TN 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 default will be rendered against you for the
relief demanded in the complaint

ISSUED:

RICHARD R. ROOKER
mir

ATTORNEY FOR PLAINTIFF

or

MARK R. OLSON, BPR No.: 11630, TAYLOR R. DAHL, BPR No.: 34200
112 SOUTH SECOND STREET, CLARKSVILLE, TENNESSEE 37040
Address

PLAINTIFF'S 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 ADA accommodation, please contact Dart Gore at (615) 880-3309.

Case 3:16-cv-00805 Document 1-1 Filed 04/26/16 Page 8 of 9 PageID #: 11

h
v i.

RT SUMMONS

.NASHVILLE, TENNESSEE

STATE OF TE$&&GBB

[X]

DAVIDSONfe^tNTV

First

Alias

20TH JUDICIAL

CLm

ESTATE OF NONNIE KASBEN, ET. AL.

Pluiies

vdVIlftCTION1

DOCKET NO. \lOr~74l0

Method of Service:

Plaintiff

| | Davidson County Sheriff

Vs.
'
METROPALITAN GOVERMENT OF

Out of County Sheriff

NASHVILLE AND DAVIDSON COUNTY

| | Secretary of State

c/o MEGAN BARRY, MAYOR, or her designee

133 Certified Mail

1 PUBLIC SQUARE, SUITE 100

| | Personal Service

NASHVILLE, TENNESSEE 37201

Commissioner of Insurance

Defendant

To the above named Defendant

You are summoned to appear and defend a civil action filed against you In the Circuit Court, 1 Public Square, Room 302,
P.O. Box 186303, Nashville, TN 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 default will be rendered against you for the
relief demanded In the complaint

ISSUED:

3i a

RICHARD R. ROOKER

( **

^circuit csut^r

County, Tenhe eo

Ueputy UerK
ATTORNEY FOR PLAINTIFF

MARK R. OLSON. BPR NO. 11630, TAYLOR R. DAHL. BPR NO. 34200

or

112 SOUTH SECOND STREET. CLARKSVILLE. TENNESSEE 37040

Address

PLAINTIFF'S ADDRESS

TELEPHONE: 931-648-1517, EMAILMOLSON@OLSONPLC.COM

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
{3to request an ADA accommodation, please contact Dart Gore at (615) 880-3309.

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