Court reviews whether plaintiff failed to establish the standard of cared owed by prison officials

SHIRLEY ANN ATKINSON, ADMINISTRATOR OF THE ESTATE OF ROBERT LEE PATTEE, JR., DECEASED v. STATE OF TENNESSEE (Tenn. Ct. App. July 12, 2010)

This is an appeal from the Tennessee Claims Commission. The claimant/appellant alleged that state employees or their agents negligently caused the death of her fiancé, who committed suicide while incarcerated at the Lois M. DeBerry Special Needs Facility in Nashville, Tennessee. The Commission determined the claimant was not entitled to recover because she failed to produce expert testimony to establish the standards of care by which to judge the conduct of the prison officials and mental health professionals allegedly responsible for the care, custody, and control of the deceased. Because the Commission correctly determined that the claimant is unable to prove a breach of duty without expert evidence to establish the applicable standards of care, we affirm.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/atkinsons_071210.pdf

Court reviews prisoner's claims for medical malpractice, negligence, and violation of the right to be free from cruel and unusual punishment

JOE HENRY MOORE v. STATE OF TENNESSEE (Tenn. Ct. App. December 23, 2009)

This case arises out of a prisoner's claims for medical malpractice, negligence, and violation of his right to be free from cruel and unusual punishment under the state and federal constitutions. The claims commission, in two separate orders, wholly resolved the prisoner's claims in favor of the State of Tennessee. Because the prisoner has not argued or otherwise provided any basis for this Court to determine the alleged errors in the judgment of the claims commission, we affirm.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2009/moorej_122309.pdf