Brown Silverdale Lawsuit

THE LAW FIRM, PLLC
Derek A. Jordan, BPR No. 34299

W. Alan Rose, BPR No. 28903
Corey A. Spearman, BPR No. 40495
111 N.W. Atlantic Street
Tullahoma, TN 37388
Tel: (931) 222-4010
Email: derek@thefirm.law
alanrose@thefirm.law
coreyspearman@thefirm.law
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
CHRYSTAL BROWN, )
)
Plaintiff, )
)
v. ) Case No.
)
COUNTY OF HAMILTON, TENNESSEE, )
HAMILTON COUNTY SHERIFF JIM )
HAMMOND, QCHC OF TENNESSEE, PLLC, )
and DOES 1-15, INCLUSIVE, )
)
Defendants. )
FEDERAL COMPLAINT WITH JURY DEMAND
COMES NOW, Plaintiff Chrystal Brown, as next-of-kin of DaQuarrius “Jay” Brown, by
and through her below signed attorneys of record, and as for her claims of action against the
above-named Defendants, alleges and shows claims for relief as follows:
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 son, DaQuarrius “Jay” Brown, who died

Case 1:23-cv-00045-TAV-CHS Document 1 Filed 02/27/23 Page 1 of 17 PageID #: 1
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while in the custody of, and due to the deliberate indifference of, Hamilton County, the Hamilton
County 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
medical neglect and maltreatment by staff, prompting numerous lawsuits.
3. This state of affairs is well-known, as was evidenced in mid-February of 2020,
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.
4. Hamilton County took over operations of the formerly privately-run jail in
December of 2020, but medical neglect by officials has continued.
5. DaQuarrius “Jay” Brown (hereinafter “Mr. Brown”), died on May 26th, 2022, at
Erlanger Hospital, only four months after he first entered Silverdale as a healthy twenty-three-
year-old man. Mr. Brown’s death was entirely preventable. When he arrived at Silverdale in
early February of 2022, he was HIV-positive and suffered from asthma, but like the one million
other Americans with HIV, modern medicine had allowed him to live a happy, healthy, and
fulfilling life. Silverdale took all of that away from him. For two months, officials at Silverdale
refused to give Mr. Brown his life-saving medicine. They refused to give him an inhaler to treat
his asthma. As the weeks wore on, he grew increasingly weak, eventually requiring the use of a
wheelchair. He pleaded for attention from the nursing staff but was met with disdain and
complaints about how overworked the nurses felt. His fellow inmates grew increasingly worried

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about him and even attempted to stage a fight, throwing his wheelchair, just to get the nurses’
attention. He developed a cough, chest pain, and shortness of breath. By the time he was finally
brought to Erlanger on March 27, 2022, his HIV had rapidly progressed and caused him to
develop pneumonia and sepsis. His prognosis was already grim, but he told doctors that he
wanted to live. He fought hard for his life for two agonizing months until he finally succumbed
to his illness. He left behind his mother and father, grandmother, three brothers, two sisters, and
numerous aunts, uncles, nieces, and nephews, all of whom are devastated by his early and unjust
passing.
Thanks to the miracles of modern medicine, HIV is no longer a death sentence. This
should always be the case, regardless of whether one is incarcerated. Plaintiff hopes and prays
that her son’s story will bring a stop to the needless and preventable deaths occurring due to
medical neglect committed by the officials at Silverdale.
II. JURISDICTION AND VENUE
6. This action is brough pursuant to 42 U.S.C. § 1983. Jurisdiction is founded on 28
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
related to the Plaintiff’s federal claims in this action pursuant to 28 U.S.C. § 1367(a).
8. The venue is proper in the Eastern District of Tennessee under 28 U.S.C §
1391(b)(2) where Silverdale is located and where its operations are based.
III. PARTIES
9. Plaintiff Chrystal Brown is DaQuarrius “Jay” Brown’s mother and next-of-kin.
She is a resident of Chattanooga, Tennessee.

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10. Defendant Hamilton County is a municipality that was created by the State of
Tennessee in 1819. It owns Silverdale and is responsible for its operations.
11. Defendant Sheriff Jim Hammond (hereinafter “Sheriff Hammond”) is the former
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
vicariously for the actions complained of herein.
12. Defendant QCHC of Tennessee, PLLC (“QCHC”), is a professional limited
liability company with its principal office in Brentwood, Tennessee. QCHC contracts with
Silverdale to provide medical care to the inmates at Silverdale.
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

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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.
IV. FACTUAL ALLEGATIONS
History of Medical Neglect, Inhuman Conditions, and Inmate on Inmate Violence at

Silverdale
15. Silverdale is notorious for its failure to provide proper medical care to inmates,
inhuman living conditions, and inmate-on-inmate violence.
16. A Nashville-based private prison corporation, CoreCivic, formerly the
Corrections Corporation of America, operated Silverdale from 1984 until Hamilton County took
over operations in December of 2020.
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
left the victim with 73 stab wounds.
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
the victims warning the officers that they would be attacked.
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
alert them to the mistake.
21. In February of 2022, an open records request filed by NewsChannel9 revealed
that Silverdale failed an inspection conducted by the Tennessee Corrections Institute in

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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.
22. In March of 2022, a male Silverdale inmate was raped so savagely that he had to
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
considered to be widely available due to neglect by officials.
24. On April 25, 2022, 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 that Pinkston “…hit the nail
right on the head…”
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
ceilings that were dirty and in poor condition.
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 July 23, 2022, four inmates escaped Silverdale. It took guards almost four
hours to notice they were missing.
28. 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.

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29. On December 20, 2022, yet another inmate was found dead in Silverdale.
Officials have not yet released his cause of death. He was in jail on charges of speeding, evading
arrest, endangerment, and a traffic violation.
30. Despite these multiple documented instances of medical neglect, inhuman living
conditions, and violence, Plaintiff believes that Defendants have taken no action to prevent
further deprivations of civil rights at Silverdale.
Mr. Brown’s Unnecessary and Preventable Death due to Medical Neglect Committed by
Silverdale Officials
31. Mr. Brown was first transferred to Silverdale in the beginning of February 2022.
He was HIV-positive and suffered from asthma, but he was healthy and managing his illness
thanks to medication prescribed by his primary physician.
32. Despite her difficult third-shift work schedule, Plaintiff spoke with her son
everyday that he was incarnated at Silverdale and immediately realized that he was in trouble.
They were not giving him his medicine.
33. Mr. Brown began to feel the effects of missing his medication almost
immediately. He became weak and eventually required a wheelchair to get around. Other
inmates had to bring him his food tray.
34. On March 14, 2022, Mr. Brown requested to see the nurse five times, but she
never came. The next day, when the nurse finally came and he requested his medication, Mr.
Brown reported that the nurse looked at him like he was a “disease” and remarked that she was
overworked by forty other inmates asking for Tylenol.
35. Mr. Brown felt that Silverdale’s staff treated him with disdain because he was a
black gay male with HIV.

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36. The next day when Plaintiff spoke with her son, he told her “I can’t breath that
good and my chest is hurting.” Again, he waited in pain all day before being seen by a nurse.
37. Mr. Brown’s condition rapidly deteriorated as each day passed. Plaintiff
desperately called Silverdale and urged them to provide her son with his medication, but she was
repeatedly told that staff was busy and to call back later.
38. Finally, on March 22, 2022, Plaintiff was informed that the nurse had drawn Mr.
Brown’s blood and that Plaintiff could bring him his medication. Plaintiff made the trip to
Silverdale that night and handed the guards a white bag with his medication and inhaler.
39. However, when Plaintiff called the next day, on March 23, 2022, Mr. Brown
reported that he still had not received any medicine. When Plaintiff questioned the nursing staff,
she was told that it would take a few more days for staff to contact Mr. Brown’s primary
physician and confirm that he could receive the medication.
40. By this point, Mr. Brown’s condition had deteriorated so far that he could barely
speak. Yet, Silverdale continued to refuse to give him his life saving medication that was now in
their hands.
41. On March 27, 2022, Plaintiff received a call from one of Mr. Brown’s fellow
inmates informing her that Mr. Brown was incredibly sick and appeared to be dead. That same
day, she received a call from another inmate telling her that Mr. Brown was being taken in an
ambulance to Erlanger. When Plaintiff called Silverdale, they refused to give her any
information. When she called Erlanger, they told her they had nobody there by that name. At that
point, Plaintiff did the only thing she knew to do and fell to her knees to pray. A couple of hours
later, she received an anonymous call from Erlanger. The anonymous caller told her they were

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currently looking at her son, and that he was hooked up to all kinds of machines with an officer
by his side.
42. The next day, on March 28, 2022, Plaintiff again called Silverdale and was
informed that Mr. Brown was still at their facility and not in the hospital. When she pressed the
officer for more information, he became defensive and raised his voice at her. Throughout the
day, Plaintiff tried calling Silverdale to get more information on her son but was either ignored
or met with rude and nasty responses.
43. Three days later, on March 31, 2022, another inmate called Plaintiff asking about
Mr. Brown’s condition. This is when she learned that he had in fact been at Erlanger the entire
time. Despite knowing exactly who Mr. Brown was, Silverdale officers had checked him into
Erlanger as a “John Doe.”
44. When Plaintiff was finally able to speak to her son, he informed her that the other
inmates had to stage a fake fight, throwing his wheelchair in the process, just to get the guards to
notice how sick he truly was.
45. When Plaintiff arrived at Erlanger and spoke to the doctors, they informed her
that her son had been off his HIV medicine for too long. They described his body as acting out
“World War 3 on his immune system.” They told her the worst thing a mother can ever hear: that
her son was dying.
46. Upon hearing his prognosis, Mr. Brown looked in his doctor’s eyes and said
“Please help me, I want to live.”
47. Mr. Brown never left Erlanger Hospital alive. He died on May 26, 2022. He was
only 23 years old.

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V. FIRST CAUSE OF ACTION
42 U.S.C. § 1983 – VIOLATION OF EIGHTH AMENDMENT

BROUGHT BY PLAINTIFF AGAINST ALL DEFENDANTS
48. Plaintiff adopts and incorporates by reference all preceding paragraphs as if fully
set forth herein.
49. 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 . . .”
50. Pursuant to the Eighth Amendment, Mr. Brown, 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.
51. Defendants acting individually and together, under the color of law, acted to
violate Mr. Brown’s rights when they ignored him as he slowly deteriorated in his cell and failed
to provide him with the medicine that if provided in a timely manner would have saved his life.
52. Defendants understood their actions would result in the deprivation of Mr.
Brown’s constitutional rights as evidenced by the numerous incidents of inmates at Silverdale
dying from medical neglect, the failed inspections at Silverdale, and the public outcry from both
that preceded Mr. Brown’s treatment.
53. Defendants’ intentional, unreasonable, reckless, and deliberately indifferent acts
were the moving force behind the violation of Mr. Brown’s constitutional rights and his resulting
serious injuries.

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54. Mr. Brown’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 Mr.
Brown’s constitutional rights.
VI. SECOND CAUSE OF ACTION
42 U.S.C. § 1983 – MONELL LIABILITY

BROUGHT BY PLAINTIFF AGAINST DEFENDANTS HAMILTON COUNTY AND
SHERIFF HAMMOND
set forth herein.
56. Hamilton County—through the decisions of its policymaker Sheriff Hammond—
was directly responsible for the deprivation of Mr. Brown’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
New York, 436 U.S., 658, 691 (1978).
57. At all times material to this claim, Defendants Hamilton County and Sheriff
Hammond failed to train, adequately supervise, and discipline officers regarding the provisioning
of adequate medical care and maintenance of humane living conditions.
58. Defendants knew of the multiple failures in policy at Silverdale, as established by
the instances cited herein, but nevertheless continued to operate the facility with minimal
adjustments.
59. Defendants were aware of the need to supervise, train, investigate, and discipline
their subordinates to mitigate unreasonable risks of harm to inmates in Defendants’ custody.
60. Despite this knowledge, Defendants failed to adequately train, supervise, or
discipline individuals who engaged in these behaviors. This failure to train, supervise, and

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discipline was a moving force behind the serious harm and violation of constitutional rights
suffered by Mr. Brown.
61. As final policymakers, these Defendants acting individually and collectively,
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.
62. 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
deprive people in their custody, including Mr. Brown, of constitutional rights.
63. 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.
64. 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
were observing housing units, failing to investigate incidents of harm, failing to provide
appropriate training, disciplinary procedures, and supervision of staff, failing to ensure adequate
staffing so as to effectively create inhumane conditions of confinement and deficient
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

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in oversight sufficient to prevent constitutional rights violations, and failing to adequately
respond to obvious violations of constitutional rights of people held at Silverdale.
65. These actions, and failures to act, were a moving force in the substantial risk of
harm and unconstitutional conditions of confinement leading to Mr. Brown’s death.
66. 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. Brown
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
problems, thereby effectively ratifying them.
67. 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.
Brown’s death.
VII. THIRD CAUSE OF ACTION
TENNESSEE COMMON LAW NEGLIGENCE

set forth herein.
69. Defendants owed a legal duty of care to Mr. Brown to protect him from
reasonably foreseeable harm.
70. Defendants knew or should have known that Mr. Brown was HIV-positive, had
asthma, and would suffer harm if not given his medication and inhaler, but they failed to use
reasonable care to prevent said harm.

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71. Defendants’ breaches of their duty of care to Mr. Brown directly and proximately
caused Mr. Brown’s death.
VIII. FOURTH CAUSE OF ACTION
LOSS OF CONSORTIUM
set forth herein.
73. Tennessee allows for an award of damages for loss of filial consortium and other
damages for the death of one’s child under Tenn. Code Ann. § 20-5-113. See Hancock v.
Chattanooga-Hamilton Cty. Hosp. Auth., 54 S.W.3d 234, 236 (Tenn. 2001).
74. Defendants’ wrongful acts, faults, omissions, and tortious misconduct caused
Plaintiff to suffer a loss of filial consortium and other damages arising from the death of her
beloved son.
75. Accordingly, Plaintiff is entitled to an award of damages, including the pecuniary
value of Mr. Brown’s life and the loss of her son’s attention, guidance, care, protection,
companionship, cooperation, affection, and love.
IX. FIFTH CAUSE OF ACTION
TENN. CODE ANN. § 1-3-121

set forth herein.
77. Defendants knowingly and deliberately failed to ensure constitutionally adequate
levels of inmate safety, living conditions, and medical care at Silverdale.

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78. 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
brought regarding the legality or constitutionality of a governmental action.”
79. Defendants’ chronic deliberate indifference to inmate safety, medical needs, and
living conditions contravenes the provisions of the Eighth Amendment to the United States
Constitution.
80. 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
of prisoners, shall be provided for.”
81. Absent, at minimum, regular independent monitoring and unannounced
inspections designed to determine whether Defendants have remedied their chronic deliberate
indifference to inmate safety, medical needs, and living conditions, Defendants will continue to
act both illegally and unconstitutionally with respect to their operation of Silverdale.
82. To remedy Defendants chronically illegal and unconstitutional actions at
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.
83. 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
Silverdale going forward.

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PRAYER FOR RELIEF
Wherefore, Plaintiff respectfully prays for judgment as follows:
A. For general damages plus interest, including prejudgment interest, in an amount to
be determined by proof at trial;
B. For special damages plus interest, including prejudgment interest, in an amount to
be determined by proof at trial;
C. For other economic and compensatory damages, in an amount to be determined by
proof at trial;
D. For punitive and exemplary damages, including treble damages, as permitted;
E. For costs of suit incurred herein;
F. For reasonable attorneys’ fees;
G. That this Court declare that Defendants acted illegally by failing to ensure
constitutionally adequate levels of inmate safety, medical attention, and living conditions at
Silverdale.
H. That this Court appoint an independent monitor to conduct regular unannounced
inspections at Silverdale and report whether Defendants have remedied their chronic unlawful
conduct, and that this Court issue an injunction permanently enjoining Defendants from
continuing to operate Silverdale if they fail to do so; and
G. For such other and further relief as this Court deems just and proper.
Dated this 27th day of February 2023.

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/s/ Derek A. Jordan
Derek A. Jordan, BPR No. 34299
W. Alan Rose, BPR No. 28903
Corey A. Spearman, BPR No. 40495
THE LAW FIRM, PLLC
111 NW Atlantic Street
Tullahoma, Tennessee 37388
Telephone: (931) 222-4010
email: derek@thefirm.law
alanrose@thefirm.law
coreyspearman@thefirm.law
Attorneys for Plaintiff

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JS 44 (Rev. 04/21) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings 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. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
CHRYSTAL BROWN COUNTY OF HAMILTON, TENNESSEE, et al.
(b) County of Residence of First Listed Plaintiff HAMILTON County of Residence of First Listed Defendant HAMILTON
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(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
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation ✖ 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 USC 1983, 1988
VI. CAUSE OF ACTION Brief description of cause:
1) Violation of Eighth Amendment Rights; 2) Monell Claim for Violation of Eighth Amendment Rights; 3) Common law negligence; Loss of Consortium
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
Feb 27, 2023 /s/ Derek A. Jordan
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE

Case 1:23-cv-00045-TAV-CHS Document 1-1 Filed 02/27/23 Page 1 of MAG. JUDGE
2 PageID #: 18
JS 44 Reverse (Rev. 04/21)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
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.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statute.
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.
Case 1:23-cv-00045-TAV-CHS Document 1-1 Filed 02/27/23 Page 2 of 2 PageID #: 19

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Eastern District
__________ DistrictofofTennessee
__________
CHRYSTAL BROWN )
)
)
)
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) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) COUNTY OF HAMILTON, TENNESSEE

ATTORNEY SHARON M. MILLING
625 Georgia Avenue, Suite 204
Chattanooga, TN 37402
A lawsuit has been filed against you.
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
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

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
u I personally served the summons on the individual at (place)

on (date) ; or
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 I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:


for the
Eastern District
__________
CHRYSTAL BROWN )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
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
THE LAW FIRM, PLLC
Tullahoma, TN 37388
CLERK OF COURT
Date:

Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
u Other (specify):
.
Date:
Server’s address


for the
Eastern District
__________
CHRYSTAL BROWN )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
Defendant(s) )
To: (Defendant’s name and address) QCHC OF TENNESSEE, PLLC

INCORP SERVICES, INC.
1585 Mallory Ln
Ste 104
Brentwood, TN 37027-3036
THE LAW FIRM, PLLC
Tullahoma, TN 37388
CLERK OF COURT
Date:

Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
u Other (specify):
.
Date:
Server’s address

Brown Silverdale Lawsuit

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THE LAW FIRM, PLLC

Derek A. Jordan, BPR No. 34299

IN THE UNITED STATES DISTRICT COURT

FEDERAL COMPLAINT WITH JURY DEMAND

COMES NOW, Plaintiff Chrystal Brown, as next-of-kin of DaQuarrius “Jay” Brown, by

above-named Defendants, alleges and shows claims for relief as follows:

FEDERAL COMPLAINT WITH JURY DEMAND

Tennessee (hereinafter “Silverdale.”)

medical neglect and maltreatment by staff, prompting numerous lawsuits.

3. This state of affairs is well-known, as was evidenced in mid-February of 2020,

4. Hamilton County took over operations of the formerly privately-run jail in

December of 2020, but medical neglect by officials has continued.

FEDERAL COMPLAINT WITH JURY DEMAND

medical neglect committed by the officials at Silverdale.

II. JURISDICTION AND VENUE

6. This action is brough pursuant to 42 U.S.C. § 1983. Jurisdiction is founded on 28

8. The venue is proper in the Eastern District of Tennessee under 28 U.S.C §

9. Plaintiff Chrystal Brown is DaQuarrius “Jay” Brown’s mother and next-of-kin.

She is a resident of Chattanooga, Tennessee.

FEDERAL COMPLAINT WITH JURY DEMAND

Tennessee in 1819. It owns Silverdale and is responsible for its operations.

vicariously for the actions complained of herein.

12. Defendant QCHC of Tennessee, PLLC (“QCHC”), is a professional limited

Silverdale to provide medical care to the inmates at Silverdale.

FEDERAL COMPLAINT WITH JURY DEMAND

IV. FACTUAL ALLEGATIONS

History of Medical Neglect, Inhuman Conditions, and Inmate on Inmate Violence at

inhuman living conditions, and inmate-on-inmate violence.

16. A Nashville-based private prison corporation, CoreCivic, formerly the

over operations in December of 2020.

left the victim with 73 stab wounds.

the victims warning the officers that they would be attacked.

alert them to the mistake.

21. In February of 2022, an open records request filed by NewsChannel9 revealed

that Silverdale failed an inspection conducted by the Tennessee Corrections Institute in

FEDERAL COMPLAINT WITH JURY DEMAND

considered to be widely available due to neglect by officials.

right on the head…”

ceilings that were dirty and in poor condition.

hours to notice they were missing.

FEDERAL COMPLAINT WITH JURY DEMAND

arrest, endangerment, and a traffic violation.

further deprivations of civil rights at Silverdale.

thanks to medication prescribed by his primary physician.

They were not giving him his medicine.

inmates had to bring him his food tray.

overworked by forty other inmates asking for Tylenol.

black gay male with HIV.

FEDERAL COMPLAINT WITH JURY DEMAND

physician and confirm that he could receive the medication.

FEDERAL COMPLAINT WITH JURY DEMAND

or met with rude and nasty responses.

Erlanger as a “John Doe.”

notice how sick he truly was.

her son was dying.

“Please help me, I want to live.”

only 23 years old.

FEDERAL COMPLAINT WITH JURY DEMAND

42 U.S.C. § 1983 – VIOLATION OF EIGHTH AMENDMENT