New lawsuit: Nashville jail ignored scabies outbreak as disabled inmates suffered

Dave Boucher
The Tennessean

Officers at Nashville's privately run jail ignored inmates suffering from a scabies outbreak, leaving vulnerable inmates particularly exposed, states a third federal lawsuit seeking class action status. 

Metro-Davidson County Detention Facility.

The lawsuit, filed Monday in Nashville federal court, also alleges officers at the Metro-Davidson County Detention Facility joked any lawsuit would fail because local judges have money invested in jail operator CoreCivic, a Nashville-based private prison company previously known as Corrections Corporation of America or CCA. 

The lawsuit states the officers' comments are false and impertinent. A Tennessean review of financial statements shows many local judges and other officials only disclose the names of their brokerage firms or investment funds, which do not necessarily show the companies in which the funds are invested. 

But the suit argues the officers' statements embody the threats and intimidation of inmates who sought treatment for a parasite burrowing into their skin. 

"In response to his requests for medical attention and complaints, (CoreCivic) threatened (inmate) J.N. instead of providing treatment. Because he was unable to sleep and constantly suffered from the itching, J.N. suffered a mental breakdown," the lawsuit states. 

"(CoreCivic) placed J.N. in solitary confinement without treatment." 

Read more: 

► June 1: More than 300 inmates treated as scabies-like rash spreads through Nashville jail

► June 2: 4 Nashville courthouse workers with scabies connected to jailhouse outbreak, officials say

► June 12: All inmates, staff at Nashville jail now need scabies treatment

Barry : Review of scabies outbreak ongoing

Last week, a lawsuit filed on behalf of female inmates at the jail stated officers threatened to put inmates in solitary confinement if they mentioned the scabies outbreak. 

Earlier this month, The Tennessean reported hundreds of inmates and local court staff started receiving treatment for what appeared to be scabies. Scabies is a parasite that causes rashes and itchy skin, leading to possible long-term skin problems if it goes untreated. 

On Monday, Metro Public Health Department spokesman Brian Todd said 52 inmates have been treated for a scabies-like rash. However, every inmate has been offered treatment as a preventative measure, Todd said. 

The treatment comes months after complaints from inmates and legal professionals, according to the lawsuits and emails obtained by The Tennessean. In response, state Rep. John Ray Clemmons, D-Nashville, recently called for Metro to review its contract with CoreCivic. 

While a Metro Council committee is set to discuss the scabies outbreak Thursday, Mayor Megan Barry said Metro is still reviewing whether CoreCivic's handling of the scabies outbreak violates the terms of its contract. 

“As Mayor, my first priority is to reduce our jail population through restorative justice programs, mental health diversion, and expanded opportunities which reduce crime rates and recidivism," Barry said in a statement. 

"However, for those who are detained or jailed, if the Davidson County Sheriff’s Office can provide a better quality of care for inmates and better work environment for staff, I think the sheriff and Metro government should explore making that change at the appropriate time – not for ideological or political reasons, but because it is the responsibility of the government to do so.”  

Read more: 

► June 14: Emails: Scabies at Nashville jail treated in January; doctors blame mold

► June 18: Lawsuit: Nashville inmates threatened with solitary confinement if scabies outbreak mentioned

CoreCivic declined to address specific allegations in the lawsuit, as it has done with other suits. 

"As we've previously stated, while we do not comment on pending litigation, the health and safety of our staff, community and those entrusted to our care is our top priority," said spokesman Jonathan Burns in response to the latest lawsuit.   

"The Davidson County Sheriff’s Office and the Metro Public Health Department were notified of the issue from the start and have been engaged every step of the way. We’re following all protocols and guidelines to mitigate the issue."

Time frame for outbreak disputed

Scabies is a mite that burrows under the skin, causing a rash and irritation. Officials believe an outbreak at a Nashville jail may be affecting hundreds of inmates.

The multiple lawsuits dispute Metro officials were informed of the extent of the scabies outbreak "from the start." 

The latest lawsuit states inmates told officers in late 2016 of scabies problems. At one point, CoreCivic had someone "from the state" inspect water coming into the Harding Place facility to see if that was the issue, the lawsuit states. 

"Despite no finding of contamination, (CoreCivic) continued to deny a scabies infestation, stating that the water was the source of the rash," the lawsuit states. 

This lawsuit seeks class action status for all male inmates at the 1,300 bed jail. Nashville attorney Gary Blackburn and others have already filed two other suits over the scabies outbreak, on behalf of female inmates and staff at local courts who contracted scabies after coming in to contact with inmates. 

Blackburn is the husband of Davidson County General Sessions Judge Melissa Blackburn, who has criticized CoreCivic's handling of the scabies outbreak. 

Reach Dave Boucher at 615-259-8892, dboucher@tennessean.com and on Twitter @Dave_Boucher1