McCloud v. Bradley

724 S.W.2d 362, 1986 Tenn. App. LEXIS 3608
CourtCourt of Appeals of Tennessee
DecidedNovember 7, 1986
StatusPublished
Cited by3 cases

This text of 724 S.W.2d 362 (McCloud v. Bradley) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCloud v. Bradley, 724 S.W.2d 362, 1986 Tenn. App. LEXIS 3608 (Tenn. Ct. App. 1986).

Opinion

OPINION

TODD, Presiding Judge, Middle Section.

The plaintiff, Pamela Robinson McCloud, has appealed from the dismissal of her suit [363]*363for failure to state a claim for which relief can be granted.

A motion to dismiss for failure to state a claim upon which relief can b¿ granted is the equivalent of a demurrer under the former practice, and is a test of the sufficiency of the leading pleading. Holloway v. Putnam County, Tenn.1976, 534 S.W.2d 292; Comprobst v. Sloan, Tenn.1975, 528 S.W.2d 188.

Plaintiff filed a complaint, an amended complaint and a second amended complaint. Rather than attempt to summarize the final version of plaintiffs complaint, it is deemed expedient to quote plaintiffs brief as follows:

On December 13, 1983, plaintiff filed the complaint in the present case, bringing suit against various State officials employed in the Tennessee Department of Correction for acts allegedly committed by them in classifying Robert L. Smith to the work release and educational release programs. The complaint named defendants who were employed at various levels of decision making in the classifying process. Plaintiff has alleged that defendants Harold B. Bradley, Evans Fine and others in the central office of the Tennessee Department of Correction, who were involved at the policy-making level of the classification system, failed or refused to correct known deficiencies in this system, and that this constituted reckless and grossly negligent actions.
Plaintiff also alleged that all of the defendants’ failures to follow policies and procedures established by the Tennessee Department of Correction in classifying inmates for minimum security status constituted reckless, malicious and grossly negligent acts. Plaintiff further alleges that all the defendants knew, or should have known, that Robert Smith’s actions were inconsistent with those of an inmate to be classified to minimum security and that the failure of the defendants to protect the public from this dangerous individual constituted reckless, malicious and grossly negligent acts.
Finally, plaintiff alleged that the grossly negligent actions of the defendants were the proximate cause of the plaintiff’s rape and accompanying physical and mental injury.
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Plaintiff filed an amended complaint on December 23, 1982, including South Central Bell and additional State officials as defendants. On December 30, 1982, plaintiff filed a second amended complaint, deleting South Central Bell as a defendant. On August 28,1985, plaintiff filed an amended complaint denominated Second Amended Complaint, adding factual allegations as paragraphs 27 and 28.

Since plaintiff’s brief does not elucidate the contents of paragraphs 27 and 28, they are quoted verbatim as follows:

27. Further it is alleged that one of the defendants in this action, John Griggs, knew by way of information from a Chaplain at the Tennessee State Penitentiary, that Smith had engaged in either violent conduct or other conduct while incarcerated at the T.S.P., or the Community Release Center, which would have disqualified him for consideration as a candidate for work release. This information was called to the attention of Warden Jim Rose. However, it is stated on information and belief that, due to an inadequate investigation, Mr. Griggs' information was never confirmed. It is further stated on information and belief that Warden Rose was nonetheless aware of this information at the time Mr. Smith was incarcerated at the Community Release Center.
28. It is alleged on information and belief that, on December 25, 1981, Mr. Smith, along with a number of other inmates at the Nashville Community Release Center, was either released to go to work or on a furlough. In the event Mr. Smith was released to go to work, his assigned work place was closed for the holiday. It is alleged on information and belief that no personnel in the Department of Correction checked to determine whether his work place was open or closed. Alternatively, no Department of [364]*364Correction official verified or approved where Smith reported he was going to spend his Christmas furlough. Department of Correction officials, including the defendants, were aware that inmates from the Community Release Center frequently returned from work and furloughs late. In fact, they adopted a policy requiring the inmates to report if they were going to be late. However, the defendants made no effort to verify the tardiness excuse given by tardy inmates. In this case, Smith called in and probably spoke to Larry Knolton or one of the individuals Knolton was supervising on December 25, 1981. Smith told Knolton he was going to be late and also said why. Smith’s excuse was false. He, in fact, was tardy because he was raping Pam McCloud, stealing her money and attempting to kill her.

Defendants’ motion to dismiss was based upon:

1. Immunity from liability for the discretionary decisions made by them.
2. Failure to show a special duty of any defendant to plaintiff.
3. No liability of defendants on the basis of respondeat superior.

The Trial Judge initially entered an order of dismissal stating:

It is therefore necessary that there be no liability for the negligent performance of discretionary acts by public officials ... done in the scope of the official’s authority and without willfulness, malice or corruption.
The complaint under review does not state specific acts of willful wrongdoing, malice or corruption sufficient to avoid the motion to dismiss.
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The plaintiff is granted thirty days to amend so as to charge specific acts of willful wrongdoing, malice or corruption as to specific defendants.

The final judgment states that no further amendment has been made and that the suit is dismissed.

Plaintiff states the issues on appeal as follows:

I. Whether the defendant state officials are entitled to immunity from liability for allegedly reckless and malicious discretionary decisions made by them which resulted in harm to plaintiff.
II. Whether the plaintiff has stated a cause of action for which relief can be granted against the defendant state officials.
A. The defendant state officials owed plaintiff a duty to protect her from a prisoner with known dangerous propensities.
B. Plaintiff has sufficiently alleged the elements of proximate cause and foreseeability.
C. Plaintiff should not be required to plead malice with particularity.

Appellant concedes that public officers are generally entitled to quasi judicial immunity from liability for discretionary decisions made within the scope of their authority. However, appellant insists that such immunity does not apply where willfulness, malice or corruption enter into the decision. State, ex rel Robertson v. Farmers State Bank, 162 Tenn.

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Cite This Page — Counsel Stack

Bluebook (online)
724 S.W.2d 362, 1986 Tenn. App. LEXIS 3608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccloud-v-bradley-tennctapp-1986.