New Post on the Day on Torts dated 03/08/2022
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Day on Torts

Published by Day on Torts — Tennessee Personal Injury Attorney — The Law Offices of John Day, P.C.

No liability for inmate-on-inmate assault where assault was not foreseeable.

By The Law Offices of John Day, P.C. on Mar 07, 2022 05:54 am

Where defendants had no prior notice of foreseeable harm to plaintiff, who was assaulted while he was an inmate at a Tennessee county jail, summary judgment was affirmed.

In Koffman v. Madison County Tennessee, No. W2021-00385-COA-R3-CV (Tenn. Ct. App. Feb. 17, 2022), plaintiff was arrested and booked into the county jail after violating his probation. Plaintiff was put into a unit that held “ten or more inmates depending upon the number of inmates incarcerated in the jail at any given time.” On the night he was booked, plaintiff was assaulted by a group of inmates and subsequently transported to the hospital for treatment.

Plaintiff filed this suit against the County and the County Sheriff based on the injuries he received in the assault. Defendants moved for summary judgment, which the trial court granted based on a lack of foreseeability, and the Court of Appeals affirmed.


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