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

The female inmates of Nashville's privately operated jail could scratch the rashes spreading across their bodies.

But officers warned inmates they'd be put in solitary confinement if they talked about what caused the rashes they'd had for weeks or months, alleges a new federal lawsuit filed Friday. 

"(CoreCivic officers) began threatening Plaintiff and other inmates that if they mentioned the word ‘scabies,’ complained about it, or filed a grievance, they would be placed in solitary confinement," the lawsuit states. 

“Inmates attempted to inform their family members about the scabies infestation over the phone and asked their families to research scabies on their behalf. Because (CoreCivic) monitors all phone calls, those inmates immediately had their phone privileges revoked, in retaliation for attempting to bring light to the epidemic.”

Allegations of threats, retaliation and denying medical treatment pepper the 21-page lawsuit, which seeks class action status for all female inmates who have suffered or will suffer from a scabies outbreak that, after weeks of festering in one portion of the jail, earlier this month led to treatment for all inmates at the 1,300-bed facility and many local courthouse workers.

The outbreak occurred at the Metro-Davidson County Detention Facility, operated by CoreCivic, a Nashville-based private prison company previously known as Corrections Corporation of America or CCA. 

As word spread of the outbreak, allegations CoreCivic denied treatment or downplayed the severity of the disease prompted questions from judges as well as local and state lawmakers.

Metro Council already plans to question CoreCivic officials during a hearing Thursday about the outbreak. But Rep. John Ray Clemmons, D-Nashville, on Friday requested Metro council investigate whether this case shows CoreCivic breached its contract to provide services at the jail, suggesting Metro evaluate continuing to do business with the company in the future. 

"As you are well aware, this is only the latest incident in a consistent pattern of alleged failures and negligent conduct by (CoreCivic) with respect to the provision of appropriate safety and health care services at (CoreCivic) facilities nationwide, including the Metro Detention Facility," said Clemmons, a frequent private prison critic, in a letter to Mayor Megan Barry and Metro Council members. 

"While I understand that certain council members have or will be conducting hearings on related issues, the current situation presents you with an opportunity to take a more comprehensive look at the contract and Metro’s long-term relationship with (CoreCivic)."

On Sunday, a CoreCivic spokesman provided a statement the company also provided in response to a separate scabies lawsuit. The comment did not address any of the allegations in the federal lawsuit. 

"While we don't 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.

"The Davidson County Sheriff's Office and the Metro Public Health Department were notified of this issue from the start, and they have been engaged every step of the way. In situations like this, we work hard to follow all protocols and guidelines to mitigate the issue."

► 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

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

'Covered from head to toe with the visible rash'

The Tennessean reported earlier this month that hundreds of inmates were receiving treatment for the parasite, which had spread to attorneys and staff at Nashville's courthouse. Concern over the spread of the mite delayed court hearings and a murder trial. 

Judges and lawyers blasted jail practices and policies. 

“They knew about a rash for a long time and downplayed it, minimized it and dismissed people who were suffering as out of hand complainers,” Public Defender Dawn Deaner said during a recent Metro Council committee meeting. “I do not trust that they can properly oversee and control what this is.”

Jennifer King, a pretrial detainee at the facility, reported symptoms of scabies in January, according to the lawsuit. She reportedly did not see a doctor until February. 

The doctor denied treatment "pursuant to (CoreCivic's) official policy, custom, and practice of ignoring requests for medical attention," the lawsuit states. 

By the time King was transferred to a different housing unit approximately four months later, she was reportedly "covered from head to toe with the visible rash." Despite this, she was placed in a cell with seven other female inmates, according to the lawsuit.

Soon after all inmates in the cell also showed signs of scabies, a burrowing mite that leaves trails under the skin and causes severe itchiness. 

Retaliation alleged after inmate sought treatment

Metro Health Department officials learned of the outbreak in mid-May. According to the lawsuit, inmate Wendy Snead called a family member and pleaded with them to inform the department about the disease.

Snead was taken May 19 to a skin specialist in Franklin at the direction of the Health Department, according to the lawsuit. The specialist diagnosed scabies and prescribed treatment. But Snead was denied the medication when she returned to the jail, according to the lawsuit. 

"(Snead was) then placed in segregation without food, a mattress or any of her personal belongings for many hours. She was not allowed to call her family," the lawsuit states.

"(CoreCivic's) retaliation towards Plaintiff was intended to intimidate (Snead) and other inmates from filing grievances, seeking outside medical treatment, or otherwise reporting the scabies outbreak to individuals outside of (CoreCivic's) facility."

The lawsuit was filed by attorney Gary Blackburn. He is the husband of General Sessions Judge Melissa Blackburn, who has been publicly critical of CoreCivic's handling of the outbreak. 

The inmates want CoreCivic to immediately provide treatment to anyone at the facility suffering from scabies. They're also seeking monetary damages for pain and suffering. 

Reporter Stacey Barchenger contributed to this report. 

Reach Dave Boucher at 615-25-8892, dboucher@tennessean.com and on Twitter @Dave_Boucher1.