May. 8 2017 4:00PM st Wo, 4312 °F 2 = INTHE CIRCUIT COURT OF BRADLEY COUNTY. TENNESSEE ESTATE OF BILLY JOE ROGERS, BY NEXT OF KIN, BETTY ROGERS, Plaintiff, Sg seu BRADLEY COUNTY, TENNESSEE, ROGER SMITH; JOHN DOK; C. LONG; GABE THOMAS, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; ERIC = — ‘WATSON, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY, jointly and severally, Defendants. Pea Pry ee COMPLAINT OF PLAINTIFE 1. All parties apd causes of ection are sufficiently connected to Bradley County, ‘Tennessee, 0 05 to vest both venue and jurisdiction inthe Bradley County Cireuit Court, This suit arises from the death of Billy Joe Rogers on April 28, 2016, who, at the time ofhis death, ‘was a prisoner at the Bradley County Justice Center, located at 2290 Blythe Street, in Cleveland, Bradley County, Tennessee. 2. On that date, Billy Joe Rogers was an arrestee awaiting trial, having been taken, 1 into custody by the Bradley County authorities for conduct that they alleged to be negligent; this conduct occurred on propecty that he did not own, 3. On April 28, 2016, Mr Rogers inbubited a cell that he shared with a mumber of | ‘mon, peshaps as many as five (5) others. On April 28, 2016, the Bradley County Justice Center \was overcrowded and operating with so many prisoners that their confinernent was unsafe.May. @& 2017 4:00°M oe No. 4312-3 4, On April 28, 2016, the Bradley County government was under the oversight of the Tennessee Corrections Institute (TCD) because of unsanitary conditions, overcrowding, poor food, an infectious environment, and several other deficiencies cited by state authorities, Over the two (2) years preveding this incident, the Bradley County jail had failed state inspectian(s). 5.____During the brief custody of Billy Joe Rogers, Bradley County negligently held him in confinement with dangerous dad violent prisoners, though the County authorities knew ‘hat Billy Joe Rogers hd little if any, past criminal history, and was neliher violent nor felonious. a 6 During his brief custody, Bradley County negligently or purposefully operated a vastly overcrowded penal institution, which operation posed a serious potential risk to the inmates; oT, Before Me. Rogers was fatally injured, one or riorejailers had negligently or heedlessly tossed a "care package" into the midst of several prisoners end urged them to decide for themselves to whom the package belonged.-This official action presented an undue and ‘unreasonable rigk of harm to the prissners who were expected to,compete for the morsels or goods tossed amidst them: 8.. After Mr, Rogers received fatal blow, the jail authorities contacted the local judiiary and urged judge or magistrate to release Me. Rogers immediately on his own recognizance ("OR"). “ 9... Their attempts were successful. « 10. The jail authorities obtained this OR bond without legal counsel; such acts constituted their unauthorized practice of lav.May. & 2017 4:00PM a No 4312 7 4 11. Tho jail authorities obtained such OR bond without the consent of Billy Joe Rogers ot any representative of Billy Joe Rogers, 12, The jail authorities obtained such OR bond for the sole purpose of relieving Bradley County ofthe financial responsibility for the treatment of the serious injures sustained ____by Billy Joe Rogors as adetsinee ofthe Bradley County j 13, After Me, Rogers received his fatal injures, the County defendants refused fo Glscose his assailant’ identity to any representative or member of Billy Toe Rogers family, including his mother Baty. The Bradley County Sharif's Department ued the TI o withold the identity of the assailant the Shecii's Department would be content if the family never eamed how their loved one died. 14, After April 28, 2016, the Bradley County Sheriff's Department awarded an assailant of Billy Joe Rogers with the status of trustee, 15. The Bradley County jit has a tremendous problem with gang violence inside the jail, The jail authorities have:tred to hide of diminish the scope of this problem. The unregulated gang problem raay have been. factor inthe death of Billy Joe Rogers. 16. The County. defendants culled some available evidence in its investigation of the fatal event of Ape 28, 2017, but secreted or destroyed all video and audio evidence of it. 17. . Pertaining to the fatal events of Apeil 28,2016, the County defendant elicited ‘witness statements from jailers and inmates alike; since, the county defendants or their agents have destroyed of secreted those statements such that the public and the victim's family remain in the dark as to hovr their loved one died. ; 18. _ Upon Information and belief, inmate Roger Smith was directly involved in the April 28, 2016 assault and battery upon-the decedent,May. & 2017 4:00PM Hay Wo. 4312.5 19.” , Upon Information and belief, inmate C. Long was involved in the April 28, 2016 assault and battery upon the decedent. 20. Upon information and belief, inmate John Doe may have been involved in the ‘April 28, 2016 assault and battery upon the decedent. : __ WHEREFORE, all premises considered, the Plaintiff sues all defendants jointly and severally for damages in the amount of Bleven Million U.S, Dollar ($11,000,000.00); to the ‘extent that liability in this lawsuit rests on municipal negligence, the plaintiff invokes the ‘Tennessee Governmental Tort Liability Act, found at T.C.A, 29-20-101, et seq., as her means of recovery. Because the County defendants feiled to maintain an aeptable prison census, failed to control gang vidlence within their jal, failed to segregato prisoners on the bass of propensity foe violence, and purposefully perpetuated squalid and inhumane conditions in 2 jail that was not anywhere near compliant with State sandards, Billy Joe Rogers isnot alive today. WHEREFORE, all premises considered, the plaintiff respectfully requests that this court order or recommend the impanelling of a civil grand jury to investigate the widespread presence cf drugs, alschol and gang violence.within the Bredley County jail. The grand jury should be ‘charged with making recommendations to reduce or end these blights, which have helped to ‘ake the jal one of the most inhumane in the region, The constant overcrowding should be addressed et the same time by the same panel forthe pumpose of curing this problem. At present, new prisoners ofien heve no call o enter, so they end of snacking and sleeping in chains i the back seat of police cruisers. The overcrowding situation must be addressed and ended. WHEREFORE, all:premises considered, defendant Bradley County is liable for the medical bills of Billy Joe Rogers to the extent that these bills resulted from his injuries received a a detaines inside the Bradley County jail,May. 8. 2017 4:00PM We, 4312 6 INTHE CIRCUIT. COURT OP BRADLEY COUNTY, TENNESSEE ESTATE OF BILLY JOB ROGERS, BY NEXT OF KIN, BETTY ROGERS, Pigtntiff, Ge a eee eee eee eee eee steeeeeeee ) ) ) ) ) } BRADLEY COUNTY, TENNESSEE, ) ie 5 ) ) ) ) } ROGER SMITH; JOHN DOK; €, LONG: GABE THOMAS, IN HI INDIVIBUAL, AND OFFICIAL CAPACITY: ERIC WATSON, IN RIS INDIVIDUAL AND OPPICIAL CAPACITY, jointly and sevsrally, Dofendants: Thereby selowladan and bind wayne foe the proseeutien of this gation ond payment of all non-discrstionary oosts in this Court, whieh may at any time be adjudged ogainst tho plaintiff {nthe evont the plaintif? shall not pay them, ‘Witnos My Hand this 2 day ot A paud/ OLE. lat cgagenencowe | John M, Wolfe, Jn. BPR Wo, 010819 107 Georgia Avenue, Suite 302 ‘Chatianooges, Teansseve 37402 fo: (433) 266-8400 Fant (423) 265-8055May. 8. 2017 4: 017M RA RESPECTFULLY SUBMITTED, ‘Law Office of John M. Wolfe, Jr. ns 'M. Wolfe, Jr, ee xe or 107 Georgia Avenue, Suite 302 Ctattancogs, TN 37402 Ph; 423.266.8400 ~ Fx: 423.265.8055 —- (COUNSEL for PLAINTIFF