Cook v. CoreCivic, Inc.

District Court, M.D. Tennessee·Decided March 31, 2025·No. 3:24-cv-00095·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

CHRISTA COOK, ET AL., ) ) Plaintiffs, ) ) NO. 3:24-cv-00095 v. ) ) JUDGE RICHARDSON CORECIVIC, INC., ET AL., ) ) Defendants. ) )

MEMORANDUM OPINION AND ORDER Pending before the Court is motion to dismiss (Doc. No. 60, “Motion”) filed by Defendants CoreCivic, Inc., CoreCivic of Tennessee, Damon T. Hininger, Patrick Swindle, Jason Medlin, Vince Vantell, Tamekio Warren, Denita Jones, Eugene Sapp, Kashundra Brown, and Dasity Jones (collectively, “Defendants”). Via the Motion, Defendants request that this Court dismiss Plaintiffs’ claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendants filed a memorandum in support of their Motion (Doc. No. 61, “Memorandum”), and Plaintiffs (as identified above and defined below) filed a response to the Motion. (Doc. No. 66, “Response’). Defendants then replied to Plaintiffs’ Response (Doc. No. 67, “Reply”) and thereafter filed a notice of supplemental authority in support of their Motion. (Doc. No. 68, “Supplemental Authority”). For the reasons set forth herein, the Motion is GRANTED. PROCEDURAL BACKGROUND Plaintiffs’ claims originally were asserted in a single complaint (filed in this Court under case number 3:22-cv-00571) filed on behalf of multiple plaintiffs. The various claims were based on three different incidents (later called by the Court the Williams Incident, the Allen Incident, and the Brown Incident, respectively). The Williams Incident was the basis for claims asserted by Brenda Williams, the Allen Incident was the basis for claims asserted by Plaintiffs (i.e., Christa Cook and Christa Derick Montgomery, each individually and as survivor and next of kin to Chriteris Allen), and the Brown Incident was the basis for claims asserted by Cameshia Kindred. Defendants, along with their co-defendants named in the original complaint (Doc. No. 1),

moved to sever the claims so that each incident would be the subject of a separate lawsuit. (Doc. No. 18). This Court granted that motion, ordering in essence that the claims be severed based on the incident involved, such that claims would be spread across three different cases. (Doc. No. 52). The Court ordered, among other things, that Plaintiffs file a complaint limited to the allegations for their own claims.1 (Id. at 8). Per this Court’s instructions, on January 16, 2024, Plaintiffs in this matter filed their complaint (Doc. No. 55, “Complaint”), which was assigned a new case number (i.e., 3:24-cv-00095, as noted above in the caption to the instant document).2 Via the Complaint, Plaintiffs Christa Cook and Christopher Derick Montgomery bring claims individually as survivors and next of kin to Chriteris Allen. In their Complaint, Plaintiffs name the following defendants: CoreCivic, Inc., CoreCivic of Tennessee, Damon T. Hininger,

Patrick Swindle, Jason Medlin, Vince Vantell, Tamekio Warren, Denita Jones, Eugene Sapp, Kashundra Brown, and Dasity Jones.3 (Id. at 2-3). Plaintiff’s claims are based on alleged: 1)

1 Plaintiff’s Complaint at Doc. No. 55 serves as the operative complaint for purposes of this Motion, and reference to any counts refers to counts asserted in this complaint.

2 The reason why the Complaint (i.e., the complaint that originated the case filed under the instant case number (3:24-cv-00095)) had such a high docket entry number (55 rather than 1) is that the entries from case number 3:22-cv-00571 were effectively imported as docket entries in this case and were assigned docket entries numbers based on their date of entry in that case, resulting in 54 docket entry numbers lower than the docket entry number for the Complaint.

3 Defendant Hininger is the CEO of CoreCivic. Defendant Swindle is the COO of CoreCivic. Defendant Medlin is the Vice President of Facility Operations at CoreCivic. Defendant Vantell was the warden at Whiteville Correctional Facility (“WCF”) at all times relevant. Plaintiffs allege that Defendant Warren was an assistant shift supervisor at WCF. (Id. ¶ 12). Defendant Denita Jones was a sergeant at WCF. Defendant Sapp was a unit manager at WCF. Defendants Brown and Dasity Jones were correctional officers at WCF. violations of 42 § 1983 by all Defendants; 2) so-called Monell liability as to Defendant CoreCivic; 3) common law negligence on the part of Defendants CoreCivic, Byrd, and Curtis; 4) loss of consortium for which all Defendants allegedly are liable; and 5) violations of Tenn. Code Ann. § 1-3-121 by Defendant CoreCivic.4 FACTS5

Plaintiffs’ allegations relate to Chriteris Allen’s alleged murder at the hands of his cellmate, who (according to Plaintiffs) killed Allen by placing fentanyl on him on August 26, 2021, at Whiteville Correctional Facility (“WCF”).6 (Id. ¶ 17). Allen typically called his mother, Plaintiff Christa Cook, every morning around 6:30 a.m. to 7:00 a.m. (Id. ¶ 18). On the morning of August 26, 2021, however, Allen did not call his mother. (Id.). Based on this fact, Plaintiffs allege that Allen died somewhere between 5:30 a.m. and 7:00 a.m. (Id.).

4 “CoreCivic" is used below to refer to CoreCivic, Inc. or its subsidiary, CoreCivic of Tennessee, or both; this is consistent with Plaintiffs’ approach. (Doc. No. 55 ¶ 7). “CoreCivic officials" may include facility- level administrators and staff, and not just corporate executives at the C-suite level or the corporate board.

5 The facts herein are taken from the Complaint (Doc. No. 55). For purposes of the instant Motion, the facts in the Complaint are accepted as true, except to the extent that they are qualified herein (as, for example, by “Plaintiffs allege”) to denote that they are not being taken as true (because they are either legal conclusions or simply too conclusory to be accepted as true without supporting factual allegations that can be accepted as true) without but instead are set forth merely to make clear what a party claims to be true. Throughout this opinion, the Court forgoes any such qualifiers for any fact that it is accepting as true, stating those facts without qualification even though it is aware that any such (alleged) fact ultimately might not prove to be true. If the Court indicates herein that it is not accepting a particular allegation as true, that does not necessarily mean that anything about the Court’s outcome on, or analysis of, the instant Motion would have been different had the Court accepted the allegation as true.

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Cook v. CoreCivic, Inc., (M.D. Tenn. 2025).

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