IN THE CHANCERY COURT FOR THE STATE OF TENNESSEE TWENTIETH JUDICIAL ...

E-FILED 10/28/2022 6:28 PM CLERK & MASTER DAVIDSON CO. CHANCERY CT.

IN THE CHANCERY COURT FOR THE STATE OF TENNESSEE TWENTIETH JUDICIAL DISTRICT, DAVIDSON COUNTY, PART III

HENRY HODGES

Plaintiff,

vs.

LISA HELTON, in her official capacity as Tennessee's Interim Commissioner of Correction,

Dr. KENNETH WILLIAMS, in his Official capacity as Asst. Commissioner Of Clinical Services, Chief Medical Officer Tennessee Department of Correction,

Defendants.

)

) ) ) ) Case No. 22-1440-III ) ) ) ) ) ) ) ) ) ) ) )

ORDER GRANTING APPLICATION FOR RESTRAINING ORDER

This matter came to be heard on October 28, 2022, before Honorable Chancellor I'Ashea L. Myles. Plaintiff filed a Verified Complaint and Application for Temporary Restraining Order. After considering the Verified Complaint, Application, and weighing the factors involved in a request for a temporary restraining order, the Court finds that Plaintiff has clearly shown that immediate and irreparable injury, loss, or damage will result to the Plaintiff before the adverse party can be heard adequately in opposition. The Court therefore is of the opinion that Plaintiff's Application should be granted. The Court finds as follows:

1. Tennessee law requires the Court to consider and weigh the core factors as set forth in Tenn. R. Civ. P. 65.03. The Court finds that the Plaintiff has complied with all of

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the requirements prior to filing. See Verified Complaint Exhibits. Of special note the Plaintiff is currently in four-point restraints and thus cannot sign verification of his Complaint.

2. Counsel for the Defendant was present at the hearing and was provided an opportunity to give argument, thus this factor is moot.

3. The Court finds that absent the issuance of this restraining order Plaintiff stands to suffer immediate and irreparable injury, loss or damage due to certain conditions as described in the Complaint.

4. The harm and the threat to the Plaintiff at this juncture outweighs any threat of harm that the Defendant may suffer as a result of this restraining order.

5. Based on the foregoing facts presented to the Court upon the Verified Complaint, the affidavits presented and the argument of counsel the Court ORDERS the following:

1. Defendants are restrained from keeping the Plaintiff without clothing that is appropriate for persons under suicide watch at all times, with the exception of the limited times that he is being treated for certain wounds which required his treatment at Vanderbilt Medical Center. Defendants are further restrained from keeping the Plaintiff in soiled clothing at any time. Cleanings of the wound which require the removal of the aforementioned clothing shall be limited to a maximum of thirty (30) minutes per cleaning;

2. Defendants are restrained from failing to give the Plaintiff the proper ambulatory care as far as his extremities, back, buttocks, rotation, turning and any other treatment for the prevention of bedsores which is within the recognized standard of care of those physicians providing care for patients who are immobile; 2

3. Defendants are further restrained from use of the 6-point restraint device;

4. Defendants are restrained from the unnecessary use of the 4-point restraint should Plaintiff's mental condition improve;

5. Defendants are further restrained from preventing access to medications that would improve Plaintiff's mental condition during the pendency of a subsequent hearing from the Court;

6. Defendants are hereby restrained from keeping the lights in the room where the Plaintiff is recovering in such a way that would interfere with Plaintiff's normal sleep routine. The Court recognizes that Plaintiff's sleep patterns may change during the pendency of this matter, thus the Defendants are restrained from using the light in such a manner that would prevent and/or deprive the Plaintiff with adequate sleep;

7. Defendants are further restrained from continuing to have Plaintiff sleep on a cot on the cement while recovering in the infirmary and/or suicide watch while restrained, Defendants shall move him to adequate and safe recovery bedding;

8. Defendants are restrained from depriving the Plaintiff of mental stimuli during the period of time for which he is immobile due to recovery;

9. Defendants are further restrained from preventing Plaintiff's counsel, her agents, experts and members of her legal team, access to the Plaintiff while he is on suicide watch and/or recovering from his injuries. Defendants are further restrained from failing to communicate with counsel for Plaintiff and/or his medical Power of Attorney regarding any medical decision on behalf of the Plaintiff;

10. Defendants are further restrained from the destruction of any and all evidence relevant to 3

the underlying complaint; including but not limited to video footage, medical records, documents, paperwork and all other evidence regarding the Plaintiff regarding this Complaint;

11. The Defendants are further restrained from any treatment of the Plaintiff which would constitute cruel and unusual punishment or violate any of his Constitutional Rights.

12. The Court has considered the removal of restraint devices currently in use on the Plaintiff, at this time, the Court finds it in Plaintiff's best interest, to aide in his recovery of injuries, and to prevent the reoccurrence of injuries to the wounds that Plaintiff continue to be restrained using the four (4) point restraint at this time until his mental health status becomes more stable through the use of medications as prescribed by his treating physician. The Court shall allow an evaluation of Plaintiff by a physician provided by his medical Power of Attorney and/or counsel to provide a second opinion on Plaintiff's mental health and continued need for restraint. Plaintiff's counsel is permitted to bring this evidence to the Court for consideration if gathered prior to the hearing on this matter.

13. The Plaintiff, through counsel has filed a Motion to Proceed in Forma Pauperis. Therefore, the Court shall waive the bond normally required for a Restraining Order.

14. The Court further ORDERS an update of Plaintiff's medical condition on November 3, 2022. This medical update may be filed under seal with the Court.

15. The Court further ORDERS a hearing to convert this Restraining Order to a Temporary Injunction on Monday, November 14, 2022 at 10:00 A.M. The parties are expected to present documentation, testimony and any other information that is helpful to the Court. Any additional briefing shall be filed in the following manner: 4

- Plaintiff shall file additional briefing by Wednesday, November 9, 2022 by 12:00 P.M.;

- Defendant shall file its response to the additional briefing by November 11, 2022. Given the holiday on November 11, 2022.

- Defendant is ORDERED to email a courtesy copy of any response to the Court at: jessicajtaylor@.

The Court concludes that this modified temporary restraining order is necessary to preclude immediate and irreparable harm to the Plaintiff, to promote his recovery and to keep the parties safe in this matter.

IT IS SO ORDERED. THIS ORDER SHALL BE EFFECTIVE AS OF OCTOBER 28, 2022 AT 5:30 P.M.

s/ I'Ashea L. Myles I'ASHEA L. MYLES CHANCELLOR

cc: by U.S. Mail, fax, or e-filing as applicable to: Kelley J. Henry Scott Sutherland

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