David Brock, a pre-trial detainee in Hamblen County Jail, brought a civil rights action for violation of 42 U.S.C. § 1983 against various Hamblen County jail officials and CorrectHealth Hamblen, LLC, who he alleged was the third party contracted with Hamblen County jail to provide medical services, for failing to provide constitutionally adequate medical treatment. Brock later discovered that Hamblen County jail’s health care contractor at the time of the incidents giving rise to his cause of action was actually Southern Health Partners (“SHP”) and amended his complaint, and SHP brought a Fed. R. Civ. P. 12(b)(6) motion to dismiss on statute of limitations grounds. Although the court agreed that the statute of limitations for bringing in SHP had passed, that relating back pursuant to Fed. R. Civ. P. 15(c)(1)(C) did not apply because SHP had neither actual nor constructive notice, and that Brock did not have good cause for failure to provide timely notice, it still exercised its discretion to allow Brock’s claim against SHP to move forward. The court made this decision because dismissing the claim would prejudice Brock while allowing the claim would not prejudice SHP.
Brock v. Hamblen Cty., No. 2:19-cv-00119, 2020 WL 3272799 (E.D. Tenn. June 17, 2020)
DETAILS
Decision
Date
6/17/2020
Practice Area
Criminal (State Charges)
Relief Requested
Monetary Relief
Type of Court
Federal District Court
Location
Tennessee
Type of Case
Individual
Case Characteristics
Pretrial Detention [jail]
Compassionate Release Case
No
Case Tracking Number
2:19-cv-00119-JRG
MORE CASE INFORMATION
Court Name
E.D. Tenn.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Hamblen County Jail
Legal Authority
Other, Section 1983, Fed. R. Civ. P. 12(b)(6)
Case Status
Decision Made But Case Still Pending
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
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