Read: DUI Suspect in Custody at Silverdale Died After Denial of Pain Meds, Federal Lawsuit Says
Read: DUI Suspect in Custody at Silverdale Died After Denial of Pain Meds, Federal Lawsuit Says
Read: DUI Suspect in Custody at Silverdale Died After Denial of Pain Meds, Federal Lawsuit Says
CRISTIN CORNETT, )
)
Plaintiff, )
)
v. ) Case No.
)
COUNTY OF HAMILTON, TENNESSEE, )
HAMILTON COUNTY SHERIFF JIM )
HAMMOND, QCHC OF TENNESSEE, PLLC, )
and DOES 1-15, INCLUSIVE, )
)
Defendants. )
COMES NOW, Plaintiff Cristin Cornett, as spouse and next-of-kin of Brandon Cornett,
by and through her below signed attorneys of record, and as for her claims of action against the
I. BACKGROUND
1. This is a civil rights action brought under the Eighth Amendment to the
Constitution of the United States and Title 42 of the United States Code, Section 1983 and 1988.
Plaintiff brings this action to obtain compensatory damages, punitive damages, attorneys’ fees,
costs, and other equitable relief for the death of her husband, Brandon Cornett, who died while in
Sheriff’s Office, and the deputies at the Silverdale Detention Center in Chattanooga, Tennessee
(hereinafter “Silverdale.”)
2. Silverdale has long had the reputation of being a poorly run and dangerous jail.
Inmates have been attacked and injured by other inmates armed with makeshift weapons,
including stabbings with “shanks,” or jail knives. Silverdale inmates also have died due to
when federal Judge Sandy Mattice, after consultation with federal Judge Travis McDonough,
directed all fifty-two federal inmates housed in Silverdale to be transferred out of Silverdale and
put into neighboring facilities due to concern for the inmates’ safety.
5. Brandon Cornett (hereinafter “Mr. Cornett”), died on April 25, 2022, just twenty
days after he entered Silverdale on charges related to drinking and driving. Mr. Cornett had
undergone four back surgeries in the previous year that caused him to struggle with pain
management. When Plaintiff called Silverdale to ask if she could drop off his prescription
medications, she was told that they already had everything he would need. However, when she
spoke to Mr. Cornett on April 8, 2022, she could tell that something was terribly wrong. He
sounded incoherent, out of his mind. Over the next couple of weeks, Plaintiff called Silverdale
multiple times and begged them to conduct a wellness check on her husband and to allow her to
drop off his prescriptions. Again, she was assured that they were handling the situation. Plaintiff
his legs. Medical records obtained by Plaintiff show that Mr. Cornett was not seen by medical
professionals until April 24, 2022, the day before he died and sixteen days after Plaintiff first
Mr. Cornett graduated summa cum laude from the University of Tennessee. He was the
General Manager of the American Legacy Signage Company, which he founded. He left behind
his wife, two young daughters, mother, stepfather, and many other friends and family, all of
whom are devastated by his early and unjust passing. Plaintiff files this action to seek justice on
behalf of her husband and all other families with loved ones who entered Silverdale never to
return home.
U.S.C. §§ 1331 and 1343, and the Eighth Amendment to the Constitution of the United States.
7. This Court has supplemental jurisdiction to adjudicate Plaintiff’s state law claims
1391(b)(2) where Silverdale is located and where its operations are based.
III. PARTIES
9. Plaintiff Cristin Cornett is Mr. Cornett’s wife and next-of-kin. She is a resident of
Chattanooga, Tennessee.
10. Defendant Hamilton County is a municipality that was created by the State of
elected Sheriff of Hamilton County, sued in his individual and official capacity as sheriff, is an
adult citizen of the State of Tennessee, and is domiciled in Hamilton County, Tennessee. Sheriff
Hammond oversaw Silverdale and was responsible for the hiring, training, supervision,
discipline, and control of the deputies under his command. He was responsible for all actions of
the staff at Silverdale and was the final policy maker for Silverdale. He is liable both directly and
liability company with its principal office in Brentwood, Tennessee. QCHC contracts with
13. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as
DOES 1 through 15, and therefore sues said Defendants by such fictitious names. DOES 1
through 15 may be natural persons or artificial persons. Plaintiff is informed and believes and
thereon alleges that each of the fictitiously named Defendants are responsible legally in some
manner for the acts, conduct, omissions, and events referred to herein.
14. Plaintiff is informed and believes and thereon alleges that each Defendant acted at
all times relevant herein as the agent, servant, employee, supervisor, co-venturer, subsidiary,
and/or corporate-parent of each of the remaining Defendants. Plaintiff further alleges that the
acts or omissions of any agent or employee of Defendants were done within the course, scope,
purpose, consent, knowledge, ratification, and authorization of such agency, employment, joint
venture, subsidiary, and/or corporate-parent relationship. Plaintiff will seek leave to amend this
Complaint to allege their true names and capacities when the same has been ascertained.
15. Silverdale is notorious for its failure to provide proper medical care to inmates,
Corrections Corporation of America, operated Silverdale from 1984 until Hamilton County took
17. Despite Hamilton County’s takeover of the jail, failure to provide proper medical
care to inmates, inhuman living conditions, and inmate-on-inmate violence have continued.
18. On October 5, 2020, five Silverdale inmates were charged with attempted first-
degree murder arising from an attack on a fellow prisoner that lasted for one to two hours and
19. On April 23, 2021, multiple Silverdale inmates were stabbed numerous times by
fellow inmates wearing towels over their faces when officers placed them in a new cell despite
20. On September 5, 2021, a Silverdale inmate was stabbed nine times, including
once in the face, when officers failed to lock his cell door and ignored the victim’s attempts to
September of 2021. The inspection listed numerous deficiencies such as overcrowding in male
housing units, multiple cameras in need of repair, and an HVAC unit in need of repair.
be released to a mental health facility with the likelihood of surgery necessary to repair the
injuries incurred during the rape. The sentence he was serving was suspended.
23. In April of 2022, an inmate died of a drug overdose at Silverdale, where drugs are
24. On April 25, 2022, the day of Mr. Cornett’s death, Hamilton County District
Attorney General Neal Pinkston described Silverdale as “one of the most dangerous places to be
in our county…” and claimed that it was “unacceptable.” Sheriff Hammond responded saying
25. In May of 2022, Silverdale failed a health inspection. Inspectors found rat
droppings in the food storage area, no sanitizer present in washing buckets, and walls, floors, and
26. On May 16, 2022, an inmate was found dead in Silverdale. She was serving a 45-
day sentence for drunk driving and was not provided the proper medication for her seizures and
thyroid issues.
27. On May 26, 2022, another inmate died at Erlanger Hospital, where he was taken
three months into serving his sentence at Silverdale for burglary and assault. He suffered from
HIV and asthma, and likewise was not provided with proper medication by Silverdale deputies.
28. On July 23, 2022, four inmates escaped Silverdale. It took guards almost four
29. On October 16, 2022, an inmate died seven months into serving his sentence at
Silverdale. He suffered from numerous infections brought on by malnutrition, and Erlanger staff
commented that he might have survived had he been brought to the hospital sooner.
Officials have not yet released his cause of death. He was in jail on charges of speeding, evading
31. Despite these multiple documented instances of medical neglect, inhuman living
conditions, and violence, Plaintiff believes that Defendants have taken no action to prevent
Mr. Cornett’s Unnecessary and Preventable Death due to Medical Neglect Committed by
Silverdale Officials
33. In the previous year, Mr. Cornett had undergone four back surgeries and as a
result suffered from pain management issues and required several prescription medications.
34. On April 8, 2022, Plaintiff spoke with her husband and immediately realized
something was terribly wrong. Mr. Cornett was incoherent and paranoid. Plaintiff feared that he
35. The next day, on April 9, 2022, Plaintiff called Silverdale and alerted them to her
husband’s condition. She asked that they perform a wellness check and allow her to drop off her
husband’s prescription medications. Silverdale assured Plaintiff that they would perform the
wellness check and that they already had all the prescription medications her husband required.
36. Over the following weeks, Plaintiff called Silverdale numerous times to inquire
about her husband’s condition and ask if she could bring him his medication. Every time,
Plaintiff was told she could not bring any medicine and that her husband had everything he
needed.
38. On April 25, 2022, Plaintiff was visited by the Tennessee Bureau of Investigation,
who informed her that her husband was dead. He was found unresponsive in his cell with oozing
39. Medical records obtained by Plaintiff after her husband’s death show that he was
not seen by a doctor until April 24, 2022, the day before he died.
40. Plaintiff adopts and incorporates by reference all preceding paragraphs as if fully
41. The Civil Rights Act, as codified at 42 U.S.C. § 1983, provides as follows:
“Every person, who under color of any statute, ordinance, regulation, custom or
usage of any state or territory or the District of Columbia subjects or causes to be
subjected any citizen of the United States or other person within the jurisdiction
thereof to the deprivation of any rights, privileges or immunities secured by the
constitution and law shall be liable to the party injured in an action at law, suit in
equity, or other appropriate proceeding for redress . . .”
42. Pursuant to the Eighth Amendment, Mr. Cornett, an inmate at Silverdale, had a
constitutional right to be free from cruel and unusual punishment during his confinement,
including a right to be provided with adequate medical care and humane living conditions.
43. Defendants acting individually and together, under the color of law, acted to
violate Mr. Cornett’s rights when they failed to provide him with any medical care for over two
weeks despite the constant warnings from Plaintiff and Mr. Cornett’s apparent serious condition.
dying from medical neglect, the failed inspections at Silverdale, and the public outcry from both
were the moving force behind the violation of Mr. Cornett’s constitutional rights and his
46. Mr. Cornett’s rights to be provided adequate medical care and confined in
humane living conditions are both well-established, and reasonable persons in Defendants’
position would have known or should have known that their actions would result in a violation of
47. Plaintiff adopts and incorporates by reference all preceding paragraphs as if fully
was directly responsible for the deprivation of Mr. Cornett’s constitutional rights as described
herein and is thus subject to liability under 42 U.S.C. § 1983. Monell v. Dep’t of Social Servs of
49. At all times material to this claim, Defendants Hamilton County and Sheriff
Hammond failed to train, adequately supervise, and discipline officers regarding the provisioning
the instances cited herein, but nevertheless continued to operate the facility with minimal
adjustments.
51. Defendants were aware of the need to supervise, train, investigate, and discipline
discipline individuals who engaged in these behaviors. This failure to train, supervise, and
discipline was a moving force behind the serious harm and violation of constitutional rights
engaged in, established, condoned, ratified, and encouraged customs, policies, usages, practices,
patterns, and procedures that they knew would and did directly and proximately create conditions
of confinement that failed to mitigate serious risks of harm and violations of constitutional rights.
54. Further, these Defendants failed to establish and maintain policies to mitigate
known serious risks of harm, and these Defendants should have known that such failures would
55. Defendants were aware that the policies, procedures, practices, customs, and
usages they established and those they failed to establish would result in violations of
constitutional rights.
56. These policies and practices specifically included Defendants’ practice of failing
to adequately classify inmates or develop and implement an adequate classification plan, failing
to ensure adequate investigation into critical incidents, failing to implement corrective action
plans to address the known substantial risks of harm described herein , failing to ensure deputies
appropriate training, disciplinary procedures, and supervision of staff, failing to ensure adequate
provisioning of medical care that allowed known substantial risks of serious injury to go
unmitigated, failing to follow or enforce basic jail guideline requirements, failing to establish or
enforce policies regarding the proper provisioning of medical care to inmates, failing to engage
57. These actions, and failures to act, were a moving force in the substantial risk of
58. At all times material to this claim, Defendants were acting under color of law and
in the course and scope of their employment. Defendants acted unreasonably, recklessly, and
with deliberate indifference and disregard for the safety and constitutional rights of Mr. Cornett
by failing to mitigate known serious risks of harm. The above-described widespread practices,
which were so well-settled as to constitute the de facto policy of the Defendants, were allowed to
exist because policymakers with authority over these acts exhibited deliberate indifference to the
59. The policies, practices, and customs set forth above were the driving force behind
the numerous constitutional violations in this case that directly and proximately caused Mr.
Cornett’s death.
60. Plaintiff adopts and incorporates by reference all preceding paragraphs as if fully
61. Defendants owed a legal duty of care to Mr. Cornett to protect him from
62. Defendants knew or should have known that Mr. Cornett was ill, needed prompt
medical attention, and would suffer harm if not seen by doctors and given his prescribed
medications, but they failed to use reasonable care to prevent said harm.
63. Defendants’ breaches of their duty of care to Mr. Cornett directly and proximately
LOSS OF CONSORTIUM
BROUGHT BY PLAINTIFF AGAINST ALL DEFENDANTS
64. Plaintiff adopts and incorporates by reference all preceding paragraphs as if fully
65. Tennessee allows for an award of damages for loss of spousal consortium and
other damages for the death of one’s spouse under Tenn. Code Ann. § 20-5-113.
66. Defendants’ wrongful acts, faults, omissions, and tortious misconduct caused
Plaintiff to suffer a loss of spousal consortium and other damages arising from the death of her
beloved husband.
value of Mr. Cornett’s life and the loss of her husband’s attention, guidance, care, protection,
68. Plaintiff adopts and incorporates by reference all preceding paragraphs as if fully
70. Tenn. Code Ann. § 1-3-121 enables Plaintiff to vindicate claims for declaratory
and injunctive relief in cases involving illegal and unconstitutional government action. It
specifically provides that: “Notwithstanding any law to the contrary, a cause of action shall exist
under this chapter for any affected person who seeks declaratory or injunctive relief in any action
71. Defendants’ chronic deliberate indifference to inmate safety, medical needs, and
living conditions contravenes the provisions of the Eighth Amendment to the United States
Constitution.
72. Defendants’ actions additionally contravene Tenn. Const. art I, § 32, which
provides: “That the erection of safe prisons, the inspection of prisons, and the humane treatment
inspections designed to determine whether Defendants have remedied their chronic deliberate
act both illegally and unconstitutionally with respect to their operation of Silverdale.
Silverdale, this Court should appoint an independent monitor to conduct regular unannounced
inspections of Silverdale and report whether Defendants have remedied their chronic unlawful
conduct.
75. In the absence of Defendants coming into compliance with their obligation to
ensure constitutionally adequate levels of inmate safety, medical care, and living conditions, this
Court should issue an injunction permanently enjoining Defendants from continuing to operate
proof at trial;
constitutionally adequate levels of inmate safety, medical attention, and living conditions at
Silverdale.
inspections at Silverdale and report whether Defendants have remedied their chronic unlawful
conduct, and that this Court issue an injunction permanently enjoining Defendants from
G. For such other and further relief as this Court deems just and proper.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Derek A. Jordan, The Law Firm, PLLC, 111 N.W. Atlantic Sharon M. Milling, 625 Georgia Avenue, Suite 204,
St., Tullahoma, TN 37388 Chattanooga, TN 37402
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government ✖ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
CRISTIN CORNETT )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
COUNTY OF HAMILTON, TENNESSEE, HAMILTON )
COUNTY SHERIFF JIM HAMMOND, QCHC OF )
TENNESSEE, PLLC, and DOES 1-15, INCLUSIVE )
)
Defendant(s) )
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Derek A. Jordan
THE LAW FIRM, PLLC
111 N.W. Atlantic Street
Tullahoma, TN 37388
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
CRISTIN CORNETT )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
COUNTY OF HAMILTON, TENNESSEE, HAMILTON )
COUNTY SHERIFF JIM HAMMOND, QCHC OF )
TENNESSEE, PLLC, and DOES 1-15, INCLUSIVE )
)
Defendant(s) )
To: (Defendant’s name and address) HAMILTON COUNTY SHERIFF JIM HAMMOND
Attorney Sharon M. Milling
625 Georgia Avenue, Suite 204
Chattanooga, TN 37402
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Derek A. Jordan
THE LAW FIRM, PLLC
111 N.W. Atlantic Street
Tullahoma, TN 37388
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
CRISTIN CORNETT )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
COUNTY OF HAMILTON, TENNESSEE, HAMILTON )
COUNTY SHERIFF JIM HAMMOND, QCHC OF )
TENNESSEE, PLLC, and DOES 1-15, INCLUSIVE )
)
Defendant(s) )
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Derek A. Jordan
THE LAW FIRM, PLLC
111 N.W. Atlantic Street
Tullahoma, TN 37388
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address