Estate of Kelly Joe Morgan Lynn v. State of Tennessee, W2017-00806-COA-R3-CV

Background

Decedent, an inmate at Northwest Correctional Complex, was diagnosed with Hepatitis C before and during incarceration; he was approved for treatment by Northwest medical staff in September 2012 but never received the Interferon treatment and died in October 2013 from end-stage liver cirrhosis after release.
Corizon, a private contractor, supplied prison physicians; only Deberry Special Needs Facility provided the specific Hepatitis C treatment at limited bed capacity, and transfer/approval for treatment was governed by Deberry physicians (Corizon employees).
Warden testimony and prison policy showed wardens could only issue gate passes after a Deberry physician ordered transfer; wardens had no unilateral authority to transfer for this treatment.
Claims were filed in the Tennessee Claims Commission against the State for negligence in failing to treat Decedent; the Claims Commissioner dismissed healthcare-related claims for lack of subject matter jurisdiction, finding alleged negligence was attributable to Corizon employees, not State employees.
Claimant argued jurisdiction under negligent care/custody provision and negligent deprivation of statutory rights (Tenn. Code Ann. § 9-8-307(a)(1)(E) and (N)), and later sought to raise an Eighth Amendment, non-delegable duty argument; the Commissioner denied en banc rehearing and Claimant appealed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Claims Commission had jurisdiction over negligent medical care claim	Estate: State negligent in failing to treat Decedent while incarcerated	State: Alleged negligence was by independent contractor (Corizon), not state employees, so no jurisdiction	Held: Dismissal affirmed — negligence attributed to contractor employees; Claims Commission lacks jurisdiction over contractor negligence
Whether Claims Commission had jurisdiction under negligent deprivation of statutory rights (§ 9-8-307(a)(1)(N))	Estate: Warden (state employee) violated Tenn. Code § 41-1-104 and prison policies, creating a private right of action against the State	State: No statute expressly creates a private right of action; thus no jurisdiction	Held: No private right of action shown; dismissal for lack of jurisdiction affirmed
Whether State’s constitutional (Eighth Amendment) duty is non-delegable and entitles Estate to relief against State	Estate (raised late): Eighth Amendment imposes non-delegable duty to provide adequate medical care	State: Constitutional claim not properly pleaded or presented; Claims Commission lacks jurisdiction over constitutional claims	Held: Argument waived on appeal; Claims Commission lacked jurisdiction over negligent deprivation of constitutional rights; no relief granted
Whether Claims Commissioner erred by denying en banc rehearing	Estate: Requested en banc review	State: No reversible error in commissioner's ruling	Held: Issue not argued below or on appeal in body of brief; waived and not considered; decision affirmed

Key Cases Cited

City of Columbia v. C.F.W. Constr. Co., 557 S.W.2d 734 (Tenn. 1977) (standard for involuntary dismissal at close of plaintiff's proof)
Building Materials Corp. v. Britt, 211 S.W.3d 706 (Tenn. 2007) (applying bench-trial/involuntary dismissal standard and Rule 13(d) review)
Steward v. State, 33 S.W.3d 785 (Tenn. 2000) (scope of Claims Commission jurisdiction and § 9-8-307 limits)
Younger v. State, 205 S.W.3d 494 (Tenn. Ct. App. 2006) (Claims Commission lacks jurisdiction where alleged negligence is by private contractor medical staff)
Brown v. State, 333 S.W.3d 102 (Tenn. Ct. App. 2010) (no jurisdiction where statute does not expressly confer a private right of action)
West v. Atkins, 487 U.S. 42 (U.S. 1988) (contracting out prison medical care does not relieve State of Eighth Amendment obligations)
Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (Eighth Amendment deliberate indifference standard for inadequate medical care)