UNIT E D S T A T E S D IS T R IC T C O UR T
E A S T E R N D IS T R IC T O F T E NNE S S E E
NO R T HE R N D IV IS IO N
JAMES TRAVIS ADKINS,
Plaintiff
vs.
MORGAN COUNTY, TENNESSEE;
GLEN FREYTAG, Sheriff; JOHN DOE
NO.  1  (Corrections  Officer  “Kyle”);;
CODY LIVELY (Corrections Office Cody);
JOHN DOE NO. 2 (Corrections  Officer  “Hutch”);;
JANE DOE NO. 1 (Nurse “Lisa”),
Defendants.

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No. __________________
JURY TRIAL DEMANDED

C O MP L A INT
Plaintiff   James   Travis   Adkins   (the   “Plaintiff,   or   “Mr.   Adkins), by and through
counsel, for his complaint against Morgan Count, Tennessee, Sheriff Glen Freytag
(“Sheriff   Freytag”);;   John   Doe   No.1   (Corrections   Officer   “Kyle”)   (“Officer   Kyle”),   Cody
Lively (Corrections Officer  “Cody”),  John  Doe  No.2 (Corrections  Officer  “Hutch)  (“Hutch”),
and Jane Doe No. 1 (the   “Nurse”   or   “Nurse   Lisa”) (collectively,   the   “Defendants”),
represents the following:
T HE P A R T IE S
1.

The Plaintiff is a citizen of Knox County, Tennessee, residing at 2536

Truman Ave., Knoxville, TN 37921.
2.

Morgan County is a political subdivision of the State of Tennessee. It can

be served with process through its mayor, Don Edwards, 415 N. Kingston Street,
Wartburg, TN 37887.

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 3.

Sheriff Freytag can be  served  with  process  at  the  Morgan  County  Sheriff’s  

Department, 414 Main Street, Wartburg, TN 37887.

Sheriff Freytag is sued in his

individual and official capacities.
4.

John Doe #1 Corrections Officer Kyle can be served with process at the

Morgan County Jail, 414 Main Street, Wartburg, TN 37887. Corrections Officer Kyle is
sued in both his individual and official capacities.
5.

Corrections Officer Cody Lively can be served with process at the Morgan

County Jail, 414 Main Street, Wartburg, TN 37887. Corrections Officer Cody Lively is
sued in both his individual and official capacities.
6.

John Doe #2 Corrections Officer “Hutch” can be served with process at the

Morgan County Jail, 414 Main Street, Wartburg, TN 37887. Corrections Officer “Hutch”
is sued in both his individual and official capacities.
7.

Jane Doe #1 “Nurse Lisa” can be served with process at the Morgan County

Jail, 414 Main Street, Wartburg, TN 37887. Nurse Lisa can be served with process at the
Morgan County Jail, 414 Main Street, Wartburg, TN 37887
J UR IS D IC T IO N A ND V E NUE
8.

This Court has subject matter jurisdiction in this case pursuant to 28 U.S.C.

§ 1331, as this case is filed pursuant to federal statutes.
9.

This Court has personal jurisdiction over the Defendants in that all of the

Defendants work and/or live in Morgan County, Tennessee, which lies in the Eastern
District of Tennessee.
10.

Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2) in that the

events and/or omissions giving rise to the Complaint occurred in Morgan County,
Tennessee, which lies in the Eastern District of Tennessee.
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 11.

This Court has supplemental jurisdiction over the state law claims joined in

this case pursuant to 28 U.S.C. § 1367.
F AC TS
12.

In April 2016, Mr. Adkins became incarcerated at the Morgan County Jail,

operated  by  Morgan  County  (the  “Jail”).
13.

Mr.  Adkins’  last  day  at  the  Jail  was  set  at  July  24,  2016.

14.

In or about the first week of June, 2016, Mr. Adkins began having back pain.

15.

In the middle of or late July, Mr. Adkins’  back  began  hurting  severely in his

lower back. After complaining to the Defendants multiple times, he finally was taken to
the hospital in Oak Ridge, where he was diagnosed as having a pulled muscle. He was
prescribed Motrin and an ice pack.
16.

Thereafter, his pain became dramatically worse.

17.

Two (2) days after going to the hospital in Oak Ridge, Mr. Adkins began

having pain in his legs in addition to his back.
18.

Mr. Adkins and his cellmates requested that he be seen by the Nurse.

19.

Mr.  Adkins  was  taken  by  a  jailer  to  the  Nurse’s  station.    He  was  ultimately  

put into a different cell to await the nurse.
20.

The nurse did not come to the jail the entire night.

21.

Mr. Adkins had to spend that entire night in a hot shower to help with his

22.

Mr. Adkins was taken back to his regular cell, not having seen the Nurse.

23.

Eventually, Mr. Adkins could not walk and could not control his bladder.

pain.

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 24.

Again, the cellmates requested that the Nurse come to check Mr. Adkins,

but help did not arrive. Corrections  Officer  Kyle  stated  to  Mr.  Adkins  that  “nothing  is  wrong  
with  you.”
25.

That evening, the cells were being painted, and the inmates had to vacate

each cell as the painters would arrive at the cell. Mr. Adkins had to be carried by his
cellmates out of the cell on a jail mattress. Mr. Adkins could not stand even with
assistance. Jail personnel and correctional officers witnessed Mr. Adkins being carried
from his cell but still offered no assistance and did not provide medical attention.
26.

Mr.   Adkins’   cellmates,   including   Rick   Pennington,   requested   twice   from  

Corrections Officer Cody Lively  and  Corrections  Officer  “Hutch”  to  check  on  Mr.  Adkins,  
but their requests were ignored.
27.

On the next day Mr. Adkins slept for several hours. He awoke to find that

he could not move his legs at all. Mr. Adkins and his cellmates requested immediate
attention, but none came.
28.

Eventually on that day, the cellmates got the attention of the Jail

Administrator as he was walking by the cell. The Jail Administrator had the nurse to come
to the cell (this nurse was not the same as Jane Doe No. 1; but, rather, was a new second
nurse).
29.

The second nurse ordered Mr. Adkins to be taken to the hospital in Oak

Ridge, where he underwent an immediate MRI. Mr. Adkins was diagnosed with a spine
infection.
30.

The hospital in Oak Ridge sent Mr. Adkins to Parkwest Medical Center,

where Mr. Adkins underwent immediate surgery.

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 31.

After the surgery, Mr. Adkins was informed by the physician that he will

never walk again or have control of his bladder. In other words, Mr. Adkins is now a
paraplegic.
32.

As of the date of filing, Mr. Adkins is still in Parkwest Medical Center under

constant care of a neurologist, and he has intravenous antibiotics administered around
the clock. His discharge date has yet to be determined.
33.

Had the Defendants gotten Mr. Adkins to a hospital sooner, he would not

have lost his legs forever. Mr. Adkins will likely have lifelong medical care as a result of
the  Defendants’  failure  to  provide  necessary  medical  care.
34.

Defendant Freytag, as Sheriff of Morgan County, failed to adequately train

the correctional officers and nurses to properly respond to necessary medical needs of
and serious risks of harm to inmates.
35.

Morgan  County,  through  its  Sheriff’s  Department,  had  a  custom  or  policy  of  

not requiring correctional officers to monitor inmates at its jail and requiring inmates to
make a call in order to obtain assistance from the correctional officers. This custom or
policy   was   the   moving   force   behind   the   correctional   officers’   violations   of   Mr.   Adkins  
constitutional rights.
C O UNT I – 42 U.S .C . § 1983
36.

By failing to provide or obtain treatment for Mr. Adkins despite actual

knowledge of his condition, the Defendants, and each of them, acted with deliberate
indifference to medical needs and a serious risk of harm in violation of the 4 th and 14th
Amendments to the United States Constitution, actionable pursuant to 42 U.S.C. § 1983.
The Defendants, and each of them, were acting under color of state law at the time of the
commissions and omissions.
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 37.

Defendant  Freytag’s  failure to train and supervise correctional officers was

a deliberate choice by defendant Freytag to ignore the medical needs of the inmates with
which the correctional officers came into contact, and amounts to deliberate indifference
to the constitutional rights of Mr. Adkins under the 4th and 14th Amendments to be provided
with a constitutionally minimal level of medical treatment and to prevent a serious risk of
harm to Mr. Adkins, actionable pursuant to 42 U.S.C. § 1983. Defendant Freytag was
acting under the color of state law at the time of the commissions and omissions.
38.

Sheriff  Freytag’s  failure  to  train  and  supervise  the  correctional  officers  such  

that the correctional officers would respond to the serious medical needs of the inmates
at the Morgan County jail is a violation of the 4th and 14th amendments to Constitution,
actionable pursuant to 42 U.S.C. § 1983.
39.

The  custom  or  policy  of  the  Morgan  County  Sheriff’s  Department, through

Sheriff Freytag, of not requiring correctional officers to monitor the inmates in the cells
and to require the inmates to call to obtain assistance from a correctional officer resulted
in the violation   of   Mr.   Adkins’   4th and 14th Amendment constitutional rights, actionable
pursuant to 42 U.S.C. § 1983.
C O UNT II – 42 U.S .C . § 1988
40.

The  Plaintiff  requests  an  award  of  his  attorneys’  fees  and  costs,  including  

discretionary costs, pursuant to 42 U.S.C. § 1988.

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 C O UNT III – T E NN. C O D E A NN. § 8-8-302
41.

By the intentional, reckless, grossly negligent, and/or negligent failure of the

Defendants, and each of them, to provide or obtain reasonable medical treatment for Mr.
Adkins, Mr. Adkins suffered wrongs and sustained injuries, damages and losses. The
Defendants, and each of them, were acting under color of state law at the time of the
commissions or omissions.
P R A Y E R F O R R E L IE F
WHEREFORE, the Plaintiff prays the verdict of the jury and the judgment of the
Court for compensatory damages in the amount of not less than Five Million Dollars
($5,000,000.00) and punitive damages in the amount of not less than Five Million Dollars
($5,000,000.00),  attorneys’  fees  and  costs,  including  discretionary  costs,  and  such  other  
and further relief as is warranted and as the interests of justice and equity demand.

RESPECTFULLY SUBMITTED,
JAMES TRAVIS ADKINS
/s/Keith L. Edmiston
Keith L. Edmiston, BPR 018366
EDMISTON FOSTER
7031 Middlebrook Pike
Knoxville, TN 37909
(865) 248-6038
keith.edmiston@edmistonfoster.com
/s/Kimberly Cambron
Kimberly Cambron, MI-P70317
7031 Middlebrook Pike
Knoxville, TN 37909
(865) 850-2898
Kim@FreshStartTennessee.com

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