INTHE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION No. ESTATE OF LISA LYNN EDWARDS, DistictJudge: ‘Magltate Judge: Plant, ” CIVILACTION-LAW JURY TRIAL DEMANDED BRANDON D. WARDLAW, ADAM BARNETT, ‘TIMOTHY DISTASIO, DANNYDUGAN, CITY OF KNOXVILLE, TENNESSEE, (GERRDDH.UTLEY, ANTHONY SMITH, CHRISTOPHER JONES, SHIELD AND BUCKLER SECURITY, INC, KELLEY T. BANNON, ‘TEAMHEALTH, FORT SANDERS REGIONAL, and COVENANT HEALTH, Defendants ‘COMPLAINT WITH JURY DEMAND [AND NOW comes the Plaintiff, TIMOTHY T. BOYLAN, JR, Personally, and asthe Adasnisao ofthe ESTATE OF LISA LYNN EDWARDS, by and hough is counsel, DEVON M.JACCB, ESQUIRE ofthe Iw Fi of JACOB LITIGATION, INC, to ve the following 1 URISDICTION AND VENUE 1, Thisnctions bought purant 42 US.C § 1983 2, Jurisdiction founded upon 28 US.C. 651391, 1343 and 1367 ‘Case 3:24-01-00089-CEA-DCP Document 1 Filed 02/01/24 Page 1 ot 37 PagelD #:13. Pursuantt028 U.S.C. § 1391 venues proper inthis Cour, because the Defendants sxe located witha the Eastem Disc of Tennesse, and the caste of ston arose inthe Ester Dini of Tennesse. 1. IDENTIFICATION OF PARTIES 4. Plait, TIMOTHY T. BOYLAN, JR. fan dul mal, who during al relevant times, was a resident of Coventry, Rhode Island, BOYLAN is the bilegial son of Lisa Lyan wards, On May 3, 2023, he Probate Cour ofthe City of Pawtueket, Rhode Island, sppointed BOYLAN asthe Administator ofthe ESTATE OF LISA LYNN EDWARDS. 5. Defendant, BRANDON D. WARDLAW, ian adult male, who ving al relevant times wasemployed ty the Knoxville Police Department, as a swom poise officer, with he rank, ofeergeart, WARDLAW'S actions were taken under cole of tate law Hein sved in bis individu capi 6 Defendant, ADAM BARNETT, isan adult mle who durirgallelevant employed by the Knoxville Police Depuraent, as «sworn police offer BARNETT'S actions were takes under color of tat nw, He sed in is individ capacity, 7. Defendant, TIMOTHY DISTASIO, is an adalt mle, who during al relevant times was emplyedby the Knoxville Plice Depareent, a swor police offer, DISTASIO'S ations were takes under color of ate lw Hee sed in is individual apt. 8. Defendant, DANNY DUGAN, isan adult male, who ducing relevant mes was employedby the Keowille Police Deparment, asa civilian emplayee as a Teansporation Officer. DDUGAN'S ations were tken under color of sate lw. He sued in is fd dual capaci, 9. Defendant, CITY OF KNOXVILLE, TENNESSEE, owns and operates the Knoxville Police Deparment CITY'S pelacipal pace of busines ie 400 Luin Stet, Knowle Case 8:24-cv-00088-CEADCP Documenta FiewO2OL26 Paye 20137 PagelD #2‘TN 37002, Keonille Police Deparment rncpal lace of busines is 400 Howard Baker Je ‘Avenue, Knosvill, TN 379, 10. Defendant, GERRID H, UTLEY, ian adult male, who during al relevant ines vs employed by Shield and Buckler See, ne. a Secutiy Officer, UTLEY" ‘shen under colorf state law. Hes sued in his inviulcapsciy 11, Defendant, ANTHONY SMITH, is an adult mle, who during all leant times vas employed by Shield and Buckler Security Ine, a Secury Ofcer, SMITHS ations were ‘aken under colorf sate law. He ie sedi is invidual capaci, 12, Defendan, CHRISTOPHER JONES, is an adult male, who during all elevant times was employed by Shield and Buckle Security, Ine, a a Security Officer. JONES ations were taken unde olor of state aw. He is edn is individu capaci. 13. __Delendan, SHIELD AND BUCKLER SECURITY, INC, is security company. SHIELD AND EUCKLER'S principal place of business is 3309 Governor John Sevier Highway, Suite 102, Knol, TN 37914 14, fondant KELLENT, BANNON, ia ult male, who during all relevant Ses ‘as employed TeumHenh Mitta nd afiiated with ort Sanders Regional Meal Center, 5 8 Dostor of Osteopathic Medicine, licensed and practicing the speci of Emergency Moti. 15, Detndan, TEAMHEALTH, i one of the nation's largest providers of hospital based etna ovsoucing in multiple depanments, inching Ancthesia, Hospital Medicine, in aston to Emergency Medicine. TEAMHEALTH'S principal pac of busines i265 Brookview “Town Cir Way Suite 203, Knosvl, TN 37919 Case 3:24-0-00039-CEA.DCP Vocument 1 Filed U201/24 Page Rat 37 PagelD #316 Difendet, FORT SANDERS REGIONAL, is «hospital owned and opred by ‘Covenant Health, FORT SANDERS REGIONAL'S principal place of batiness is 1901 Clinch ‘Ave, Kooxille, IN 37916 17, Defendant, COVENANT HEALTH, is non-profit corporate ent that operates & heath system. COVENANT HEALTH isthe ae's largest employer and has more then 11,000, caregivers clinicians, employes, and volanters. COVENANT HEALTH conducts business at ely 150 latins, including 10 hospitals; outpatient lines peialied behav ion, oncology and rebabiltation facilites; home care; physician pasties, and community programs ‘COVENANT HEALTH'S principal place of business is 244 Fort Sanders West Boulevard, Kooxvi TN 31922, ML MATERIAL FACTS 18. OnFebruary 42023, LISA LYNN EDWARDS ("EDWARDS") few from Rhode Island to Tennesse 19. EDWARDS fei during he igh, 20. Upon aval atthe sport, EDWARDS was transported via American Medical Response ("AMR’), 296 E. Howe Steet Ales, TN 37701 o Blount Memorial Hospital, 907 ‘Lamar Alexander Pakoway, Maryville TN 3780, 21, EDWARDS was wheelehair bound, having ben previously rendered disabled by & stoke 22, Atwound 745 PM, EDWARDS presened inthe Blount emergency deparient with eit complaint of abdominal pin, 23. EDWARDS was treated and discharged on the same dat at around 10:35 PM, ‘Case 324-cv-00039-CEA-DCP Document 1 Filed 02/01/24 Page 4 of 37. PagelD #:424. On February 4 2025, at around 157 PM, EDWARDS presented inthe emergency partment at COVENANT HEALTIWFORT SANDERS REGIONAL, seckite emergency rmdical eae 25. Herchiefcomplan was agin, abdomil pain. 26. Thereare thee physicians reference in EDWARDS’ medial econ Dr Richard 1. Welsh tl, DO; Dr. Shawn 7. Rebensoa, MD; and Dr. KELLEN T. BANNON, DO (BANNON. 27. BANNON appears to be the physician of record who made patient contact, provided care and documented and signe orders, including the discharge order 28, BANNON is a Doctor of Onteopathic Medicine ivnsed and practicing the special of Emergency Medien Tennessee. 29. On February $, 2023, at around 685 AM, BANNON discharged EDWARDS from tHe ER. 30. BANNON should not have charged EDWARDS at that time, 31. EDWARDS ha several vial sgn tht remained outside normal aes, 32, Hertachycardia had worsened ding her sy from 110 bp o 117 5pm. 33. Notably, on admission to Blount Memorial Hospital, ber heart ate was 64 bpm, nda discharge fom Blount, her hear ate wat 78pm 34, EDWARDS had tre out of four Systemic Inflammatory Resporse Syndrome SIRS") ere 35, While there was no ela soureofinfestion, it was a waring of serous mecca condition Case 324-cv-00089-CEADCP Ovum Filed 02/01/24 Pages of 37 PagelD #536. EDWARDS had a ancien negtive change in er mental stats tht ad not been evaluate but instead was ignored 37, BDWARDS" vias persistent uchycadi (108-121 bpm), hype 17-28 rpm, ‘nd hypowin 91-93% - suggest se may have been experiencing a mild COPD excebation hat she eald have recovered fom had she received prope medial eae por to dschare 38. Infact, the post discharge vdeo shows EDWARDS suffering from moderate to severe COPD exacerbation 39. EDWARDS respatory distress incest, with an increased work of bresthing prolonged respiratory pase able wheeig, nd speaking in 3-.word sentences 40, EDWARDS" worsnng wehyar, unable vt sins, and negative change in 0, were ler warming signs of «more severe underlying emergency medical contin, 441, This & suppored by the fact that EDWARDS suffered a cardiac anest approximately 2 hours and 20 minutes afterdischarge, 42. Ie was documemed that shared decision making took place between EDWARDS ‘snd BANNON, that the rik and benef of her weatment options were disused and that we” have agreed on a tearent plan and dixpsto, 4, However, i i undisputed that there was mo agreement ona treatment pln and ispostion, as EDWARDS didnot wilngly lave the hospital 445. Rather, tis undspued that EDWARDS was discharged over her objection, roled into the wating room, ole by hospital security guards int the freezing eo wearing only paper scrubs, placed under physical amet and forcibly removed by police ofits frm the hospital propery Case S24-cv-00039-CEADCP Document 1 Filed UZOLIZ' Page 6 0137 PagelD #:645, At the time when EDWARDS was discharge, the temperature outside was 29 ogres! 46. COVENANT HEALTHIFORT SANDERS REGIONAL has a secur team at it ‘employs who recommend an implemen scary polices and supervise security guards 47, The security guards who work for COVENANT HEALTHFORT SANCERS REGIONAL are employed by SHIELD AND BUCKLER SECURITY, INC. (SHIELDS AND BUCKLER. 48, The naure ofthe relationship betveen COVENANT HEALTHUFORT SANCERS REGIONAL and SHIELDS AND BUCKLER constitutes dual employment ofthe security urd, 49. Is believed thatthe following SHIELDS AND BUCKLER employees were ‘involved in incident: GERRID H. UTLEY, ANTHONY SMITH, and CHRISTOPHER JONES. (collectively, SECURITY GUARDS"). 50. EDWARDS was whesed to the entrance to the hospitals parking ot long with er belongings and instrute oleae the premizs SI, When EDWARDS again fuse io leave (because she physically could not lave, had nowhereto go and was sil suferng fom amedial emergency) hott secur clled 911 requested police responce. 52, UTLEY calle 911 and requested a police response from the Knonville Police Deparment 53. UTLEY refered to EDWARDS asa"espater and advised I that"she’'s gonna eed to be removed.” "epee mnanpond combine RT YShiN.2OB.23 ‘Case 3:24cv-00038-CEA-DCP Document 1 Filed 02/01/24 Page 7 of 37 PagelD #7SA. I bln tha tha following Knowle police offeon wore inesled inthe incident: BRANDON WARDLAW, Sengsnt: ADAM BARNETT, TIMOTHY DISTASIO; song with Knoxville civilian employee, DANNY DUGAN, Transportation OMtcer (cllestively “KNOXVILLE OFFICERS, 55. Video of the incident that occured ow hosp propesy oF within a few fet of same, revels that for appeosimately oe hor, EDWARDS was verbally sbysed and manhandled bythe involved SECURITY GUARDS und KNOXVILLE OFFICERS. 156, In exponse to UTLEY'S cal, WARDLAW ahrved on ssn ist in fl ufo 0d a matked patel vehicle 57. WARDLAW opened the driver's side window andthe frst thing he stated to EDWARDS wa, “They asked you to leave, did't they 58. WARDLAW repeatedly told EDWARDS that she wes Ive the hospital while EDWARDS repeatedly told WARDLAW tha she i suleing a neal emergency and 59 WARDLAW old EDWARDS, "hey sy they want you gone 0 you gota po ‘Case 3:24-cv-00039-CEA-OUP Document Filed 0201/24 Page 8 ot 37 PagelD #:8©. EDWARDS futher explained to WARDLAW thal she cannot get out of the \heslchtr and cannot walk because she is disabled fom previous stroke and her ankle is shatered 61, WARDLAW spoke to SECURITY GUARDS and advised the that EDWARDS Is complaining oa present medial emergency. (62, _ SECURITY GUARDS advised WARDLAW that EDWARDS had already been tscharged (2, Nether WARDLAW nor SECURITY GUARDS confmed thst EDWARDS" Present medical complaint was the same for which she was tested and discharged (64. Inthe presence of SECURITY GUARDS, WARDLAW stated fo EDWARDS, “IF ‘he media professionals hve saw you and discharged you.” to which EDWARDS replied, “They 65, Inrepponse, WARDLAW sted," got nothing todo with tht.” 66, WARDLAW placed EDWARDS uncer physical ares for trespassing (61. WARDLAW told EDWARDS, “You goa fi way 0 gt gong” 458. EDWARDS asked WARDLAW to cal the prescher, bat WARDLAW cefused, stating that he dss not know the number, 68. While WARDLAW could ave looked up the number, he did not 70, WARDLAW tol EDWARDS that she i going to ned to “oll his” (fering to «he wheechan, “othe propery” ‘71. SECURITY GUARDS sévsed WARDLAW that the hospital owas the wheelchair. 72, Inresponse, WARDLAW advised EDWARDS, “Well, you ae gon have 1 get upand figure outa way tobe gone” Case 324-cv-00089-CEADCP Document Filed 02/01/24 Page 9 of 37 PagelD #:973, Ms, Baars made statements including, I've got nowhere t go," don't know what tod," hada stroke" "They beat me up lastnight," "leant walk" "'ve had a stoke on my lef side," "My ankles shared” and “please don't hut meno moc.” 74, When EDWAROS sate, “plese don't art me no more” WARDLAW sbrety ended the conversation stating, “Start taking nonsense like that I'm done with you. You'l goto 15. WARDLAW filed to conduct an independent invesigton into EDWARDS" ‘medical condition or provide he wth ec accesso emergency medial care. 76. Instead, WARDLAW requested a transport vehicle for EDWARDS 10 be eanspoed ja 77. SECURITY GUARDS snd KNOXVILLE OFFICERS watched EDWARDS" medial condition deteriorate significantly without providing aces to necessary and requested emergency medial eure 78. Specifally, SECURITY GUARDS and KNOXVILLE OFFICERS watched [EDWARDS single o bret, ignored her epested statements hat she coulda’ tbresths, ignored her equss forty igoted her comment ht she was ick, ignored her requests astether, ‘ignored her rquests ob aken back inside the hospital, and ignored her calls foradoctor 79. This was an emergency medial condition that begin and worenel on hospital rope and that was unequivocally preventable and estab 80, DUGAN arived with marked police vn, slong with wiformed folie officers BARNETT snd DISTASIO. 81, KNOXVILLE OFFICERS atempte land EDWARDS int the vanfor anspor, 12, They demanded tat she step into the van so tha they id not have te push ein 0 Case 3:24-cv-00080-CEA-DCP Document 1 Filed 02/02/24 Page 10 of 37 PayelD #. 1083, EDWARDS epeately adie) KNOXVILLE OFFICERS tat she cold 1H. Daring encounter withthe KNOX VILLE OFFICERS, Me. Edwards state, “Oh ‘my God," *'m gonna pass out" (epee, “my pus, please my inhaler” “You guys can". oth tome," ean brent (repel), "I'm ging ou," “getaseetche,"*I'm gonna have ‘othe (sroke)""gelme up, ge me yp" "I ant enh, I'm gonna die,” plese sit me up” imeup:"*No, I dnt want that (got il)" "sr please," an "I'm goon die.” 35. EDWARDS ws nid the ground ust hee Hospital sens wih er cating exposing potions of butocks. a 36, EDWARDS’ breathing ws bored, an she shared her sons 7. When a man walked bythe stene, EDWARDS called ou, “Doeor! Doctor 88 EDWARDS forewamed SECURITY GUARDS and KNOXVILLE OFFICERS stating, Tm going out of my hea and “you're gonna Kill me” Case 2:24-ev-00039-CEADCP Document 1 Filed 0201/24 Page 11 0f 37 PagelD #119, When EDWARDS asked for her inhaler while clesrly in respictory distss, BARNETT offered her cigar instead 9), Eventually, EDWARDS" inhale was otted an provided to her for ue 51, Duero her lal deteriorating medic! condition, EDWARDS appeared unable 1 properiyuse er ake 52. WARDLAW tok th inhale fem EDWARDS and acted her of feking is me 51. WARDLAW stated to SECURITY GUARDS and KNOXVILLE OFFICERS that FEDWARDS was 0 faking she would inhale the medication an hl iin. ‘9%. When continued effonso gt EDWARDS into the van hiled, BARNETT sted, “Now yore satng to piss me of Get up!” 9% WARDLAW sated, "Listen tome, his i the Lord's Day all want to do is get me some coe and some ones ‘not gonna deal with your mes this-wosing.” ‘9% WARDLAW futher sated, "We've already spent oo mish kme on you" and that fe was “tre ofthis dead woh erp.” ‘3, WARDLAW dwetened EDWARDS “goon andgetin he and pass out and we'll be done wih "ant stuf youn the Noo.” ‘98 WARDLAW futher retened EDWARDS, sting, “You ae about to get some more chutes. ont touch me this rine ™ 9 WARDLAW asked EDWARDS, “Have you ever botn tthe Knox County Jall? ‘Them des don't play. You may ot want pl hi act” 100, Acknowledging te seriousness ofthe situation and explaining it tothe eters, DDUGAN ted “she's saying she can't breathe, i ah falls over ether wy, and she can't breathe, she des, tas on me, I'm nt willing o take that risk” Cese 9:24-cv-00088-CEADCP Ovcument. Filed 02/01/24 Page 12 ot37 PagelD #: 12JO. Atone pin, emergency room security officer, Michal Cotton, exited the hospital to check what was accrring, 102. Coton rewmed to hospital repsition to repomt EDWARDS? deteriorating sistance for EDWARDS bet was advised thatthe hospital condition and to request medial ‘would not send medial personel evaluator test EDWARDS then cutentmell conion 103, Coton ented the hospital and advised UTLEY of same 104, DISTASIO was on scene for approximately 25 minutes speshing to SECURITY [GUARDS and KNOXVILLE OFFICERS and observing EDWARDS before EDWARDS was, loaded into the back of his police vehi 10, KNOXVILLE OFFICERS didnot place seatbelt on EDWARDS. 106, SECURITY GUARDS and KNOXVILLE OFFICERS watched and heard [EDWARDS stuggling osc eset up and ignored her repeated equ for hep in doing so, 107. instead of helping EDWARDS to st up, DISTASIO sprayed WARDLAW with Lys 108. Meanwhile, DUGAN atempted ost EDWARDS wp stating," just wory about fling anda beating.” 109. nthe back of DISTASIO'S vehicle, EDWARDS urinated wt el 110. BARNETT laughed at EDWARDS. 11, DISTASIO told EDWARDS, "You postin my car... 'm soy... you're not tng any bly. 12, DISTASIO told the other SECURITY GUARDS and KNOXVILLE OFFICERS, “She ped in my ca. ant dong that. I'm done helping he" Case 3:24-cv-00039-CEA-DCP Document 1 Filed 02101/24 Page 12.0137 PagelO #: 12113. While in DISTASIO'S vehicle, EDWARDS stated, “They're goon kil me,” can't rah,” and at east vee ines, “help me” 114, Twice during the indent, bore EDWARDS was placed in DISTASIO'S vehicle, SECURITY GUARDS went back into FORT SANDERS REGIONAL. and asked for someone 1 check on EDWARDS" deteriorating medical contin. 11S. Bothtimes, SECURITY GUARDS and FORT SANDERS REGIONAL. fied 4o%0 116, Despite having fst aid waning at no ine drng the incident dé KNOXVILLE OFFICERS ask for any medical profesional from FORT SANDERS REGIONAL to evaluate EDWARDS’ deterintng medial condition. 117. Despite having fist sid raining, at note during ‘he ineient did SECURITY (GUARDS or KNOXVILLE OFFICERS summon thie party medal pertonel, ie EMS, 1: sist EEWARDS, 118, DISTASIO began diving EDWARDS tthe Roger D. Wilson Detention Facility, 5001 Maloney Road, Kronvll, TN37918 119. During the ceive, DISTASIO knocked onthe divider window between the front and bok seas, "20. DISTASIO made he following statements to EDWARDS, “Stop. n't dealing with you tla” "Grow up. [You ar} fine, (bt) ating lke child” and commented on EDWARDS" moaning and groaning ad told hero ifthe up. 121, At eas nine times, ISTASIO atempted 0 commnizate with EDWARDS and ‘bservedthat her responses became weaker and moe incoherent Case 3:24-cv-00039-CEADCP Document 1 Filed 02/01/24 Page 14 of 37 PagelD #: 14122, Event, DISTASIO observed that EDWARDS stepped responding and het she ad alles oto his view 123, Instead of immediatly checking on EDWARDS wale, DISTASIO pecormed ‘tafe xop onan unrated vehicle 124, _Evenutly, DISTASIO returned to is vehicle and opened the rear pssenger door tw checkon EDWARDS. 125, EDWARDS was "very ple” and “unconscious” 126, DISTASIO pulled EDWARDS by her hui and commented presumably on the ‘adi, ont know she's faking itr what, bt b's na answer me 127, DISTASIO gave EDWARDS a strum ob but did mt sn CPR. 128, _Anambulanc arved and DISTASIO asked abou wing Naan 129, One ofthe EMTs responded, "She doen't need Nacan, she needs fcking chest 1b0. EDWARDS was anspor by ambulance back to FORT SANDERS REGIONAL, hte she suleredaditonlinstaness of cardia ares anda stoke Tot. On Febrary 6, 2023, EDWARDS died 1 During an atopy, it was discovered that EDWARDS had suffered x new sok, 153. Christopher Lechmuller, MD, a Board Cenifed Feensc Pathologist, and the Deputy Chief Medical Examiner for Knox and Anderton Coumte, performed an autopsy on EDWARDS and determined that EDWARDS" cause of death wat an “ischemic stoke due to thereto cardiovascular disease. Othe condition tht significantly contributed to death are ypesensive cardiovascular disease, morbid obesity, cron alahol abuse, acute bronchi and nie ostctve pulmonary disease, The manner desth ie nual" 6 Case 9.24 0008H-CEA-OCP Document Filed OziUIZZG Hage 1 O17 PagelD #15,154. Ignoring the obvious seuss! of SECURITY GUARDS and KNOXVILLE OFFICERS to provide EDWARDS with seuss to recesary emergency medical eae for spproximately one hour teat her worsening respiration distress, while abe same tine essing, EDWARDS to experince extreme emotional nd physica stress, Dr, Lochmuller stdin his repon, ts evident haat ote di la enforcement iteration eaute or contribute to Ms, Edwards death. Specifically, Ms Edwards was not Beaten bythe police, she was never subdued, tere was no physial srgle between lw enfrcement and Ms. Edwards, and there was no restraint aspx. Rate, Ms. Edad west ato ‘cardia arest in the back of «police cuser ue oa combination of her natal ‘isa 135, According to Dr, Lochmullr, twas apparently just acbncideace that EDWARDS happened to go ito respiratory an cardiac arrest the Fist ime a the very cnet th he found ere inthe bak of police ese. 136. The Knoxville Poise Deparment conducted an intemal investigation and ermine thatthe flowing officers violated the referenced polices: 8. WARDLAW: Unbecoming Conduct, Neglet of Duy, Unsitisfictory Performance, Treatment of Pines, Cotes, and Prisoner Transporation. b. BARNETT: Unbecoming, Conduct, Unsatisfactory Peformance, Tresiment of | snd Courtesy. &DISTASIO: Unbecoming Conduct, Neglet of Duty, Unsntisictoy Perfomance, ‘Teextment of Prisoners, Courtesy Prisoner Transporation, nd Unconscious Fesons. 137, Asresult ofthe intemal investigation, the CITY inpoted the following disipline ony | WARDLAW: demote fom Sergeant this previous rank of Folie Oct. »b. DISTASTIO: suspended without py for 10 dys 16 Case 3:24-cv-00039-CEA-DCP Document 1 Filed 02/01/24 Page 16 037 PagelD #: 16BARNETT: suspended without py fod days 18. The KNOXVILLE OFFICERS conduct violated sever criminal sates. Se, 8. § 9916-402 Ofte Macon reins rom pfoing dy hts ose by la ‘or that is leary inherent in the nate ofthe public servant’ office or employment; § 39-16 405, Offlel Oppression ntenionly subject anatheromisenoent ot ares, deteto, sto, isha, earch, tz, ispssesin, assent orien when the publi servant knows the conduct i ula )§39-13212. Criminally Negligent Homicide (*Ceiminlly negligent, conduct that resin death conts criminally negligent ome 139, _Regasless, relying Dr. Lochmuller’s misleading report and statement, Cham P Alle, Knox County District Attomey, etined toile criminal charges against the involved poise offices who filed to perfor their legal snd employment duties, thereby using EDWARDS" umtiely death. 40, While EDWARDS’ death was being investigated, COVENANT HEALTH, FORT SANDERS REGIONAL, and SHIELD AND BUCKLER SECURITY, INC.S security agente and employees were advised by then security Catan, Mrkies Jordan that unless directed to do, they were ot permite to speak with anyone reprtng the incident that caused EDWARDS" ent, TL. Specify, they were advised that if they violated the hush order, tee ‘employment would be erninated 142, Daring the ivestiguion security cameras were used to monitor he leaton of Investigators ana wo erect secunty personel away fom locations where investigators were headed Case 3:24-cv-00039-CEA-DCP Document Flied W2i0I/Z8 Page i of 3 PagelD #17113. In aon, a special representative wis directed the same lation il any uetions rom investgntors v. cLams! oun BOYLAN v. COVENANT HEALTH, TEAMHEALTH, FORT SANDERS REGIONAL and KELLEN T. BANNON Violation of 42 USC. § 139544 Emergency Medical Treatmeat and Labor Act (“EMTALA") 144, Paragraphs 110143 are incorporated herein by referer. MS, TEAMHEALTH, COVENANT HEALTH, FORT SANDERS REGIONAL and KELLEN T. BANNON’S conduct contiutes a vilton ofthe Emergency Medic and Labor Aet "EMTALA", 42 USC. § 13954 145. The provisions of EMTALA apply to all individuals (not just Mediare ‘bereficiares) who atempt to gin sees to hospital or emergency cae M7, EMTALA require TEAMHEALTH, COVENANT HEALTH, FORT SANDERS REGIONAL and BANNON to provide EDWARDS with an appropriate medial seeening ‘raminaton, and provide necessary sailing treatment for emergency madiclcondions within ‘the hospital's eapabilty and capacity 148, TEAMHEALTH, COVENANT HEALTH, FORT SANDERS REGIONAL and BANNON, however, filed to provide EDWARDS with an appropriate medial screening in eGunpin Pisin spol ct gl eas Sth. Cia $06, 1 Eo fe Grian everig Fh Cre nbn a ny a ed pd come, nu a ‘el eet enh an eae a pan a Tuam 900.85 557000 ash al © 2 OOM, Mateo ‘Beda sr we pn tenet ofthe cain ving bat De adel mre” MDF Hoh ‘ch ateaion man belo and est Neel eem ree RC WN Case 3:24-cv-00039-CEA-DCP Document Filed 02/01/24 Page 18 0.37 PagelD #18xaminsion, and fled provide EDWARDS with nccssay stabilizing westment foremergeny ‘mei condtos witha the hospi capably and capacity. 149. Instead, TEAMHEALTH, COVENANT HEALTH, FORT SANDERS REGIONAL and BANNON, discharged EDWARDS over her ebjection without fest provid EDWAROS wih an sproprite medical sreeing examination, and necessary stabilizing treatment for emergency medical conditions within he hospital's capability and capacity 150, In addition, when EDWARDS requested emergency medical care ding the incident with SECURITY GUARDS and KNOXVILLE OFFICERS, TEAMHEALTH, COVENANT HEALTH, FORT SANDERS REGIONAL and BANNON, refused to provide EDWARDS with an appropriate medial screening examination and fled to provide EDWARDS. with ecesnry stablizing weatment for emergency medical conditions within te hospital capability and capaci. 151. The devil of emergency medic! cae in this instance is consistent with sniar incidents wherein TEAMHEALTH, COVENANT HEALTH, FORT SANDERS REGIONAL'S ‘medical and security agents and employees denied persons neessry emergency medial ce aring medical emergenies that occured on ts property both poe wo and ater EDWARDS" exh 152, Iti bbeved tht one of thos nee lo resulted in death, 153, Asa diectand proximate result ofthe Defendants conduct, EDWARDS suffered tenbarrssmen, humiliation, physical and payhologial harm, pain and serig, iestatening injories, tos of ejoyment of if and death 154, Asa direct andproxinate rest ofthe Defendants conduct, Pani has and will Incur atomey! fee and tigation costs, Case 9:24-cv-00089-CEA-DCP Document Filed 02/01/24 Paye 19 0137 PagelO #: 19‘couNTAE BOYLAN v. WARDLAW Fourth Amendment (False Arrest) ‘Purweant 042 US.C.§ 1983, 155. Paragraphs to 143 ae inconported herein by reference 1Sé, The Fouth Amendment prohiis “unreasonable” “seizes U.S. Const. amend 157. Police offices need “probable cause to believe that criminal affese has been oF is being commited to support waranles ae, Deveneck Alford, $43 US. 146,152 2004), or" puislrze and objective basis for suspecting] particular person of minal activi” to suppor aninvestignory sop, US.» Colac, 818 F.34 247,257 (6 Ci 2016) (quoting United Ses . Stank, $43 F34308, 313 (th Cit. 2008), 158, WARDLAW placed EDWARDS under aest fr trespass inition for her statement, "plese don't hurt me no or." 155, WARDLAW knew tht EDWARDS wato'trefsing 1 Ieee the property but ater was physically incapable of eving the propery. 16, WARDLAW knew tht EDWARDS had nt commited the eine of trespass when he placed ter unde aes. 161, Asadiectand proximate result of the Defendant” condst, EDWARDS suffered embarassnent, humiliation, plysicl and psychological harm, pain and sufrn,ifetbeatening injuries, tos of enjoyment of ian death 162_Asa diectand proximate result ofthe Defendant’ cont, Paitif hsand wi Incuratoray’fes nad tigation cos, (Case 3:24-cv-00088-CEADCP Document 1 Filed 07/01/24 Page 20 of.17 PagelD #: 20,Somat ttt BOYLAN v. BRANDON WARDLAW, ADAM BARNETT, TIMOTHY DISTASIO, and DANNY DUGAN ‘Deliberate tndiforence to Serious Medical Needs Fourteenth Amendment Due Praces Pursuant to 42 US.C. § 1983) 163. Faragraphs Iw 143 are incoorated herein by reference, 164, EDWARDS was pretial dines 165. Defendants were pie offer ating under color of state lw 166. orderso prove deliberate indifference ta serious medial ned a Plaintiff must demonstra (J) 2 goverment official's subjective knowledge of ik of serous harm; (2) the goverment official's dsegad ofthe risks (3) by conduct thats more than mere negligence. ‘See Nam Dang by and tough Vina Dang» Sheriff Seminole Cp, Fla, €T1 F34 1272, 1280 (int ci. 2017) 167. Deliberate niterence my be established by failure to provide medical care andor by excesiv dele in providing medical cae Lelie», Chief of Police Manvel Oro, 846 Supp.2d 1294, 1308.0. Fa. Feb, 14,2012, 168, Each Defendant understod that EDWARDS was stein frm esprtony Aisress an in inmate need of emergency medic! cre. 169, Bich Defendant deliberately ale to provide EDWARDS with timely aceasta the requisite cre, despite the abil odo 170, Asa lcet an proximate result ofthe Defendants’ conduct, EDWARDS suffered ‘embarassment, sumilation, physical and pychological ham, pain and suferig, ife-threatening Injries, los of enjoyment of i and death 171. Asacizec and proximate result of the Defendant’ cond, Pani has and wll Incur attorneys fees and tigation cos, 2 Case 3:24-cv-00038-CEA-DCP Document 1 Filed 02/01/24 Page 21 of 37 PagelD #21county, BOYLAN v. BRANDON WARDLAW, ADAM BARNETT, TIMOTHY DISTASIO, and DANNY DUGAN Fourth Amendments (Duty to Intervene) Paraantto US. § 1983 172, Paragraph 614 ae incorporated has by efron 173, Pursuant to the Fourth Amendment, police officers havea duty 10 intervene 10 prevent another office from causing» constitutional injury if they have bth the opprtanity and means to prevent the harm fom oscuring or continuing. Se Pineda v. Hamion Cn, 977 F.3d 485 (th Cie. 2020, 174, WARDLAW, BARNETT, DISTASIO, and DUGAN hada duty to intervene during ‘the approximate one hour during which they observed their codeendans fling to provide [EDWARDS with necessary emergency medical care 1S. WARDLAW, BARNETT, DISTASIO, and DUGAN had both the means and ‘opporunity todo so bt fled od so 196. Asa dvectand proximate result of the Defendants’ conduct, EDWARDS suffered ‘mibamassmen, humiliation, physica and psychological harm, pia and suring, life-threatening injuries, oss of enjoyment of ie, end death 177. As. diet and proximate esl ofthe Defendants conduc, Plant as and will ‘incur atorneys Fes and tigation costs 2 Case $:24-cv-00089-CEADCP Document Filed 02/01/24 Paye 22 ul37 PayelO #22couNTY. BOYLAN vy, BRANDON D. WARDLAW, ADAM BARNETT, ‘TIMOTHY DISTASIO, DANNY DUGAN, GERRID H, UTLEY, ANTHONY SMITH, and CHRISTOPHER JONES ‘Conspiracy to Violate Federal Cis Rights Persuantto 42 US. § 1983, 178, Paragraphs It 143 are incorporated herein by reference. 179, "A civil conspiacy it an agreement bescen vo of more petonst injure anther by unlawful action” Hooks», Hooks, 71 F.24935, 9434 (61h ci. 1985) 180, To prove canspeacy, plan mus show (1) “hat there was single pl “that the aged coconspiatoe shared in the "2 snd 3) "at an neal conspiratorial objective, ‘overt act was commited in furtherance ofthe conspiracy that caused inary tothe complainant.” 14 0948 (tations mite). 181, A Paint need nt prove an express green mong the conspirators, or must the Plain show that each conmpintor knew “all ofthe del ofthe leg! plan oral of the prisipansvolved” Robertson Lucas, 783 F 34608, 62 (6th Ci. 2014) (quoting Hooks 771 Fd at 94), 182. Section 1983 civil consiney claims do not conan “personal involvement” ‘equirement because “section 1983 pemis a jury to beld co-conspirators lable forthe drapes Mowing fom a consttional deprivation that al ofthe co-conspirators may not have perioully amid ot" Rees» Town of Smyrna, 6 Fh 886 (6h Cie 2023) (uoting Since Foley, 97D Fad 1 (sti 2020), 13, Liability for § 1985 conspiracy ean atach even where "pris decide Wo at “interdependent, each stor eridingo at only because he was aware hth thes woulact sinilariyl 7” Aubin Fada, 782 F.24 280,286 It Cie 1983), a Case 9:24-21-00088-CCA-DCP Document Filed O2/0L/24 Paye 23 of 37 PagelD #: 23184, WARDLAW, BARNETT, DISTASIO, DUGAN, UTLEY, SMITH end JONES, cd together o deprive EDWARDS of er ht to receive emergency medial arin violation ofthe Fourteenth Amendment and EMTALA, 185. Asa diectand proximate resto he Defendants conduct, EDWARDS suffered «embarassment, humiliation physical an pyshologial ham, pn and serine heating injuries, tos of enjoyment of ie and deh 186. Asadiectand proximate resto the Defendants conde, Phin has nd will Inca atorey! fees nd Iitaton ots, county ‘BOYLAN v. BRANDON D, WARDLAW rth and Fourteath Amendments—GupervisotHabilty Persuantto@ US. § 1983, 187, Paragraphs 116 145 are incorporated herein by reference 188. To enabish supervisory ability under § 1983, a paint must show that: (1) he ‘supervisor had actual or constructive knowlege hata subordinate was engaged in conduct that Posed pervasive and unreasonable isk of onstutionl nary to people ke the pit (2) the supeviso's response to tha knowledge Was so inadequate ast show deliberate inference to ortcitautorzation ofthe alleged ofensive prsetices; nd (3) that there was an afirmative causal link between the supervisor's inaction and the particular contol injury sulered by the plant. 119, WARDLAW was the supervisor of BARNETT, DISTASIO, and DUGAN, 190. _ WARDLAW paricpated in and prmited BARNETT, DISTASIO, nd DUGAN, ‘0 paicpatein easing EDWARDS to suffer onittona injure. 191. As diet and proximate result of the Defendants’ conduct, EDWARDS suffered Case 3:24-cv-00039-CEA.DCP Norman Filed N2I01/24 Page 24 of 27 PagolD #24embarassment, humiliation, ysca and psychologic! bam psn and sulting iehratening Injures, los of enjoyment of if and death 192. Asa direct and proximate rl ofthe Defendants conduct, Pani hs and will Inca atornay! fees and Itigation costs, ‘count vit BOYLAN v. CITY OF KNOXVILLE, TENNESSEE Fourth and Fourteents Amendments—Monell Lisi Pursuant to 2 US.C.§1983, 193. Paragraphs Yo 143 ae incorporated hers by reference. 194. “Local governing bodies ... canbe sued directly under § 1983 for monetary, declaratory, oF injunctive relief where. the eton that i alleged to be uneonsiuton implement or exccues a policy statement, ordinance, epulation, or decision offcilly adopted ‘snd promulgate by that bodys officers" Monel v, Dept of Sac, Ser, 436 U.S. 658, 690 97, 195. A fllre to tain can constitute deliberate indifference if “the municipality has fled to ct ‘in response to repented complains of costntiona violations by ts offers" Oura City of Dearborn Highs, 969 F.3d 265, 28 (6th Ci, 2020) (quoting Cherrington» Skeeter, 344 F.34 641, 646 (6h Cr. 2003), or where the mend for more ning was “cbvios Bee Cty Comm rs of Bryan Cn v. Brown, $20 US. 397,409 1997) City of Canon» Hams 489 US. 378, 390(1989), 196. During al relevant times, WARDLAW, BARNETT, DISTASIO, and DUGAN seed under color of state lw at employes of CITY. 197. CITY determined that WARDLAW, BARNETT, and DISTASIO, violated ‘numerous policies of CITY, 2 (Case 3:24-cv-00039-CEA-DCP Document 1 Filed 02/01/24 Page 25 0137 PayelO #25,1W8, WARDLAW, BARNETT, and DISTASIO, voted sad polices beause CITY adopted bt id not sulin train them repardng wha the plc auired 198. In edtlon, when WARDLAW, BARNETT, DISTASID, and DUGAN fled to interveneto op the co-defendants fom casing ocontnsngconstisoal nis they did 0 because CITY did not haven policy requ thm to nterven. 20, The iene poy and aining defines of CITY was the moving force tht caused EDWARDS’ constitutional ijn 2H, Asa direct and proximate result of he Defendant condict, EDWARDS suffered enbarasimet, hunilton, physic! nd psychologist ham, pin ndsarn,ieshresteing injuries, bss of enjoyment of if, and death 22, As adcect nd proximate eult ofthe Defendants condi, Plait tan wil incur atiameys es ad gation cons. ‘SouNr vit BOYLAN v, CITY OF KNOXVILLE, TENNESSEE ‘Violation of Tite I of the Americans with Disables Act (*ADA") (pursuant to 42 US.C.§ 12131, e309) 220. Paragraphs Io 143 are incorporated herein by reference 20%. Purtuantto ite Wot he ADA, 0 qualified individual with ibility shal, by reason of ach dsb, be excluded from patipatio no denied the beefs ofthe services, programs. actives of pblc entity orbe subjected 0 disrnatin by any such entity." 42 use. isa 205. Inorderto state wclim pusuatta Tile I ofthe ADA, aPlitiff must allegs that: (the sujet ofthe discrimination was a qualified individual with dbl, (2) that he o he 6 Case 3:24-21.00039-CEA-UCP Document 1 Filed 02/01/24 Page 26 01.37 Pagell #26was discriminated gait by a public eniy, and (3) thatthe diermination was due 16 the abil. 206. In adelon, “to preva on cla for compensatory damage under ihe the RA ‘orthe ADA, plsinff must show thats defendant violated heights under the ttt andi 2 ‘wth scrninatory inten." Mulla v Orlando Res’ seltheare Sys, 268 F.34 1135, 114647 (th Cir 2014 (ations omit. 207, The Defendant CITY provides police svies to the geneal plein Krowvile, ‘Temes, 208, KNOXVILLE OFFICERS sre employees ofthe Defendant CITY, knew tht EDWARDS suffered fiom a qualifng daily. 209. KNOXVILLE OFFICERS joked about the situation presented by EDWARDS" medical symptoms; evidencing a calles disregard for EDWARDS" emotional wellbeing, end Aiscrimintory motive toward hee ability. 210. Probable cause id not exist to arest EDWARDS for ay rime 211. A person who di nt suf fom the same dsbilty as EDWARDS would not have Bee subjected to denial of metic care, unsfetraneportion and harsset, 212. As adlret and proximate result ofthe Defendants’ conduct, EDWARDS suffered embarassment, humiliation, physica and psychological harm, pain and sufi, ife-threatening injuries, oss of enjoyment of lie and deat 213. Asa dretand proximate rest ofthe Defendants’ cond, Plaintiff has end wl incur atorney fer an itpton cost. 2 Case 3:24-cv-00089-CEA-DCP Document Filed UzuIlZa Page 27 0137 PagelD # 27COUNTIX BOYLAN v. CITY OF KNOXVILLE, TENNESSEE, Violation of Section 50 of the Rehabil (pur 214. Paragraphs to 143 ar incorported heen by referee 215. Pursuant othe Rehabilitation Ac, no “qualified invidal wi a daily shall soley by eason of his or her dab. be subjected to discrimination der ny program co civ resivng Federal fiancal assistance "29 USC. § 794 216 Inorderto stalin pusuanto Section S06 ofthe Rehabilitsion Act «Paint must allege hat: (1) the subject ofthe clscriminaton was a qualified individu with «debility, {2)thatheor she wes dsrminated agains by «public ety, and (3) hat the ieimination was ue tothe dis 211. Imadon Preval on acai forcompenstory damages under ite the RA of the ADA, plinff must show that a defendant violated his rights under the tutes and did so ith dizerinnaory inten 218, The Defendant CITY provides pie serves tothe general able in Knoxville, Tennesse, 218. KNOXVILLE OFFICERS are emplayees of the Defendant CITY, knew thet, [EDWARDS suffered rom a qualifying debi. 221, KNOXVILLE OFFICERS joked sbout the situation presented by EDWARDS" medical symptoms; evidencing a callous disregard for EDWARDS’ emotional welling, and & Aiscriminatry motive toward her dbl 221, Probeble couse did ot exist to aest EDWARDS for any crime Fy Case 3:24-cv-00039-CEA-OCP Document 1 Filed 02/0/24 Page 28 of 37 PagelD #: 28222. A person who dd nt sue frm the same diaabilty 8 EDWARDS would not ave been subjected to nil of mesial cae, uns transpontton, tnd harassment 223, _Asadicect and proximate result ofthe Defendants conduct, EDWARDS suffered embarassment umltion physical and psychological ham, pin and sein, ifeshreatening injuries, los of enjoyment of i nd death 224, Asa direct and proximate result ofthe Defendants conde, Pint has and wll incur atomay! fs and tiation cos, counrx BOYLAN y. TEAMHEALTH, FORT SANDERS REGIONAL, end COVENANT HEALTH Violation of Tile Mand Tite I ofthe Americans wth Disabilities Act ("ADA") (pursuant to 42 US.C§ 12131, et seqand 42 USC. § 12181, et 50q) 225, Paragraphs | to 143 are incorporated herein by reference. 226, TEAMHEALTH, COVENANT HEALTH and FORT SANDERS REGIONAL ‘must comply withthe Americans wit Distilties Act, ether Tite Il—govering private hospitals, or Tit it~ governing public hospitals 227. TEAMHEALTH, COVENANT HEALTH and FORT SANDERS REGIONAL offer emergency medial ear tothe general publi. 228, Metical personel employed by TEAMHEALTH, COVENANT HEALTH and FORT SANDERS REGIONAL knew hat EDWARDS suffered fom aquliffng sail. 229. Medical personel employed by TEAMHEALTH, COVENANT HEALTH and FORT SANDERS REGIONAL joked about the situation presented by EDWARDS’ medical symptoms; evidencing » callous disregard for EDWARDS" emotional wellbeing, anda isceininatory motive toward er debility » (Case 3:24-cv-00039-CEA-DCP Document 1 Filed 02I01/24 Page 29 0137 PagelD #: 29230. A person who dl pt slr fem the same disability as EDWARDS would nat have been subjected toa denial of medial cae unsafe ransporttion, and harassment DBI. Asa dicct and proximate result ofthe Defendants conduct, EDWARDS suffered mamas umilaion, physical an pychoogiel him, gin and suffering, Ie-hreatening injuries, loss of enjoyment of ie and death 232. Asa drectand proximate result of he Defendant’ conduct, Plnnif has and wi Inca etoreys fs and Itigation cos. COUNT Xt BOYLAN y. TEAMHEALTH, FORT SANDERS REGIONAL, and COVENANT HEALTH. ‘Violation of Section $04 ofthe Rehabiltaton Act ("Rehabilitation Act”) “parsuant 029 US.C.§ 794) 233, Paragraphs | 1 143 ae incorporates herein by reference 234, TEAMHEALTH, COVENANT HEALTH and FORT SANDERS REGIONAL. ‘ler emergency media care othe general publi. 235. Medical personel employed ty TEAMHEALTH, COVENANT HEALTH and FORT SANDERS REGIONAL knew tht EDWARDS suffered fom a qualifying cb. 236, Medical persone! employed by TEAMHEALTH, COVENANT HEALTH and FORT SANDERS REGIONAL joked about the stuaton presented by EDWARDS’ medial symptoms; evidencing calls disregard for EDWARDS’ emotional welling, and a Aiseriminatory motive toward ber disability. 237. A peison whe wt sue om te same dabity as EDWARDS would not have been subjected toa denial of medial care, unsafe transportation nd harassment 30 Case 3:24-cv-00039-CEA-DCP Document 1 Filed 02/01/24 Page 30 of 37 PagelD #:30238. Ase dec and proximate rel ofthe Defendants conduct, EDWARDS suffered embarassment hamilton, physical and pychoogicsl hr, pin and suffering, ifeshreatening injuries, los of exoyment of li, and death, 238. Ase dec and proximate result ofthe Defendants cond, Piha nd wil Incur atoms’ fe an Itgntion coe ‘COUNT x1 |OYLAN v. BRANDON WARDLAW, ADAM BARNETT, ‘TIMOTHY DISTASIO, DANNY DUGAN, GERRID H. UTLEY, ANTHONY SMITH, and CHRISTOPHER JONES lnficion of Emotional Disres 240, Pagraphs 110 143 are incorporated herein by erence 241, Toestblish an inetional infition of emetionl dress claim a Plaintiff must ‘sublsh hat (1) fe conduct he complains of was intentional or reckless; (2) the conduct was 50 ‘utrageous tht it ino! oleae by civilized society: ad (3)the conduc renued in serious metal injury. Flagealdv. Hickman Cn. Gov, 2018 WL 1634111, at 14 (Team. Ct ABP. ABE 4, 2018) (ching Rogers. Louisville Land Co, 367 8.W.34 196,205 (Tenn, 2012) Kiparck x ‘HCA Human Res, LLC, Case No, 19-5230 (6th Ci, Dee 17,2020), 242. WARDLAW, BARNETT, DISTASIO, DUGAN, UTLEY, SMITH and JONES* conduct was ech, outrageous and caused EDWARDS to sues serious mental injury 243. Asa direct nd proximate result ofthe Defndans” conduct, EDWARDS suffered embarassne uilition, physic! and psychoogisl harm, psn and sufrngife-tvsteing injures, los ofejoyment ofl, and death, 244, Asa dec and proximate result ofthe Defendants condi, Pla incur atorey! fs nd Igo cons, u Case 9:24-cv-00089-CEA-DEP Document 1 File 02/01/28 Paye 31 of 37 PagelD #31COUNT XI BOVLAN v. GERRID H. UTLEY, ANTHONY SMITH, snd CHRISTOPHER JONES ‘Negligence Pursuant o Tennessee State Law 245. Paragraphs 110143 ae incorporated herein by reference 246, UTLEY, SMITH, and JONES, engaged in negligent conduct that cused EDWARDS’ injuries and death, 247. Asa direct and proximate result ofthe Defendants conduct, EDWARDS alee cembarasim humiliation physical and peyehotogical ham, pun and suring iethreatming Injures, los f enjoyment of life and death 248. Asa dee and proximate result ofthe Defendants cont, PliifThas ancwill incur tones ees and ligation cost counrxiv, BOYLAN v, SHIELD AND BUCKLER SECURITY, INC, FORT SANDERS REGIONAL, and COVENANT HEALTI Viearous Liability Pursuant to Tennessee State Law 240. Paragraph 116 143 are inorported hosin by efesacs 250, The common-law famework govecning vicarious lability claims in Temnesse is “welleablahed” Absure . Mehodit Healthcare Memphis Hosp, 325 $.W.34 98, 105-06 (Fenn. 2010 251, “[Al principal may beheld vierously able forthe negligent acts ofits agent when the acts are within the semal or apparent sope of the agent's authority" Ke 108 252. UTLEY, SMITH, and JONES, were agents andlor employees of COVENANT HEALTH, FORT SANDERS REGIONAL, 1 SHIELD AND BUCKLER SECURITY, INC. 2 Case 3:24-cv-00039-CEA-DCP Document Filed 02/01/24 Page 32 of 37 PagelD #: 32251. As such, COVENANT HEALTH, FORT SANDERS REGIONAL, and SHIELD: [AND BUCKLER SECURITY, INC. ae vcariosylinble for the injuries causes by the nelignt ‘5 commited by UTLEY, SMITH, and JONES. 218. Asa direct and proximate cause of Defendants" conduct that easte EDWARDS” ‘wrongful death, EDWARDS" survivors suffered « financial loss astocited in lrg part with, mental anguish, fos service, society, guidance, companionship, relationship, and comfort. 218, Asa rect and proximate reat ofthe Defendants’ conduct, Plant has and wil incur atomeys" fees and ligation costs ‘cOUNTxY BOYLAN v. BRANDON WARDLAW, ADAM BARNETT, ‘TIMOTHY DISTASIO, and DANNY DUGAN ‘Wilful, Wanton, oF Gross negligence Pursuaat to Teanesse State Law 254. Paragraphs 10143 are incorporated herein by reference, 255, WARDLAW, BARNETT, DISTASIO, and DUGAN engage in wif, wanton, or gross negligent conduct that caused EDWARDS" injures and deth. 256 The conduct that hey engaged in wa the flute to provide services EDWARDS ‘har were nt ditertionny 257 Ava eet and provimat elt of the Defends’ snlin, EDWARDS suffered ‘embaassent,huiltion physical an psychological ham, pain and suring, ie-threateing Injuries, los of enjoyment of ie and death 258 Asa direct an peosimate rout of the Defendant’ cond, Plant has and wil incur anornys' fers and tiation costs, a Case 3:24-v-00039-CEA-DCP Locument 1 Filed 02/01/28 Page 23 0137 Pager #33“OUNT XVI BOVLAN v. CITY OF KNOXVILLE, TENNESSEE. ‘Removal of Immunity for Injury Caused by Negligent Act or Omission of Employees Pursuant o§29-20.205 of Teanenee State Law 289, Paragraphs 10 43a incorpo hesiny referees 260, WARDLAW, BARNETT, DISTASIO, snl DUGAN were employed by he CITY. 261. WARDLAW, BARNETT, DISTASIO, and DUGAN engaged in oninry lige’ conduct hat nsed EDWARDS" nin nd eth, 262. Thecondet satthe engaged in wa the flr provide svises to EDWARDS shat were ot drtony. 283. As such, We CITY is lable (or WARDLAW, BARNETT, DISTASIO, and DUGAN'S orn eigen conduct 264, Asadiect and proximate suo the Deena cond, EDWARDS sured basset humiliation, pysa and pychologiham, pun and stern, evening ini, fexjpmet of i an death, 265. Asn dest and potmate ref the Defendants’ cond, Plait bas and wll Incr more! es nd gation cos ‘countxvit [BOYLAN v. DEFENDANTS ‘Pursuant to Tennessee State Law 266. Paragraphs 1 163 are incorporated erin by reference 261. BOYLAN isthe duly appointed Administrator of the ESTATE OF LISA LYNN EDWARDS. 268. BOYLAN isussening this Survival Clim on behalf ofthe ESTATE to cecoverall ry Case 3:24-cv-00039-CEA-DCP Document 1 Filed 0210/24 Page 34 0137 PagelD #34aap permite by la 269, Asa dest and proximate result ofthe Defendants cond, EDWARDS suffered embarassment, humiliation, physical and psychological harm, ain and sufering if-hrestening, injuries, los of enjoyment of i and death, 270, Asa dct and proximate rel ofthe Defendants condsc, Plains and wil incur atoreys fees and Itgaton cost ‘couNT VILL BOYLAN v, DEFENDANTS ‘Wrongfl Death Claim Wrongful Death § 205-113, ener State Law 271, Paragraphs | 1 143 ar incorporated erin by reference 272, The Defendants? wrongful and reckless conduct eaued EDWARDS to safer eat 273. BOYLAN isthe duly apoined Administrator of the ESTATE OF LISA LYNN EDWARDS. 274, DOYLAW is he duly upped Adminiirwor of the ESTATE, I etting this ‘wrongs death claim on behalf of himself ad al survivors o recover ll damages permite by aw. 27S, EDWARDS is survived by her two biologial sons ~ Timothy Todd Boylan, Jr, snd Ted Lynn Boyan, 276. _Asadrect and proximate case of Defendant” conduct hat caused EDWARDS ‘wrongfl death, EDWARDS survivors suffered & ial oss associated in large pre with ‘mental anguish, lost sevies, society, guidance, companionship relationship, and com. 277, Asa det and proximate esl ofthe Defendants eondoct, Pint sand will, 3s Case 5:24-cv-00089-CEA-DUP Document 1 Filed 02/01/28 Page 35.0137 PagelD #: 35Incuranoney! fee and tigation costs V. REQUEST FOR RELIEF WHEREFORE, BOYLAN respectfily quests that udgnent be entered in his fivor a follows: ‘A. Declaratory Judgment: Providing thatthe Defends individual and cllctive conduct vilted EDWARDS" sate and federal igh: B. Compe Fy Damages: Including, but not linited to, the monetary value sso wit the following: violations of legal ight, embarrassment, humiliation, physical and ‘psychological harm, pin and suffering, letretening injuries, lots of enjoyment of ie, and enh: ©. Punitive damages as permite by ln; D. Equitable Relief: An admission of the alegtons sted in the Compl ting, nd an om and writen apology for sme in person, rom Defendants Attorney's Fees and Casts and F. Discretionary Damages and Rolit: Such eter Fania or equitable ei that ‘he Cour deems reasonable and just. 36 Case 3:24-cv-00039-CEA-DCP Document 1 Filed 02/01/24 Page 36 nf37. Pagell #36Vi JURY TRIAL DEMAND BOYLAN rspecfilly requests tril by jury on all elamsissusin this mater be tried tony. Reapectflly Submited, Devon Wb, 6 Date: Sanuary 30,2024 DEVON. sACORZESOUIRE PABar Number #9182 JACOB LITIGATION, INC. 0. Box 837, Mechanicsburg Pa. 17055.0857 117.296.7733 | diacobacobiigtion com (hints Counsed ” Case 3.24-ev-00089-CEA-DCP Document Hied W224 Page37 of 37 PagelD #: 37