DOCUMENT 2

ELECTRONICALLY FILED
8/7/2019 3:16 PM
44-CV-2019-900299.00
CIRCUIT COURT OF
LIMESTONE COUNTY, ALABAMA
BRAD CURNUTT, CLERK
IN THE CIRCUIT COURT OF LIMESTONE COUNTY, ALABAMA

LEE AUSTIN JOHNSON, Personal Reprcsentative of

the Estate of Van Johnson, deceased,

PLAINTIFF, CIVIL ACTION NO.

SEQUEL TSI OF ALABAMA, LLC <llbla Sequel TSI (ASSIGNED TO HON. )

Madison; SEQUEL TSI HOLDINGS, LLC tllb/a
SEQUEL YOUTH AND FAMILY SERVICES; AARON
RAYNARD JONES; JAKOBE ISAIAH CARTER; ANd
Fictitious Party Defendants A-C, the owner(s) and/or
operator(s) of thc sccure detention facility where Aaron
Jones and Jakobe Carter were housed as inmates,

DEFE,NDANTS.

COMPLAINT

L Plaintiff Lee Austin Johnson is the duly appointed personal representative ofthe Estate of
Van Johnson, deceased. At the time ofhis death, Van Johnson was a resident of Clayton County,
Georgia. Lee Austin Johnson was named personal representative ofhis father's estate on August 7,
2019, pursuant to an Order from the Clalton County Probate Court. (Copy of Order attached as
Exhibit A).

2. Defendant Sequel TSI of Alabama. LLC dlbla Sequel TSI Madison ("Sequel") is an entity
that operates Sequel TSI Madison in Madison County. Alabama.

3. Defendant Sequel TSI Holdings, LLC d/b/a Sequel Youth and Family Services is the parent
company of Sequel TSI of Atabama, LLC and is an entity doing business in Madison County,
Alabama.

4. Defendant Aaron Raynard Jones is an adult resident of Alabama and currently residing in
the Limestone County jail.

5. Defendant Jakobe Isaiah Carter is an adult resident of Alabama and currently residing in
the Limestone County jail.

6. On or about August 14, 2017, Defendants Aaron Jones and Jakobe Carter were inmates
under restrictive guidelines at Sequel TSI Madison in Limestone County, Alabama. On August 14,
2017, Defendants Aaron Jones and Jakobe Carter escaped from Sequel TSI Madison.
 DOCUMENT 2

7. On or about August 14, 2017,Yan Johnson was working for Benning Construction at the
Publix grocery store located on County Line Rd in Madison, Alabama. Van Johnson was employed
as a construction loreman and participating in a remodeling project for Publix grocery store. Van
Johnson's working hours were from approximately 10:00pm to 6:00am, when the Publix store was
closed to the public.

8. At approximately I l:00pm on August 14,2017, after escaping from Sequel TSI Madison,
Defendants Aaron Jones and Jakobe Carter walked approximately one-mile northwest to the
Publix grocery store parking lot located in Limestone County, Alabama. Defendants Aaron Jones
and Jakobe Carter approached Van Johnson in the Publix parking lot while Van Johnson was
retrieving tools from his work truck. Defendants Aaron Jones and Jakobe Jones robbed and then
kitled Van Johnson in Limestone County, Alabama.

COUNT ONE

NEGLIGENCE
SEQUEL TSI OF ALABAMA, LLC dlbla SEQUEL TSI MADISON

9. Paragraphs one through eight are incorporated as ifcompletely and futly set out herein.
,l0. Defendant Sequel is the owner and/or operator ofthe secure residential facility, Sequel TSI
Madison and also known as Three Springs, located at 1329 Browns Ferry Road, Madison, Alabama
3 575 8.

I l. Dozens of subdivisions, thousands of homes, and multiple businesses are located within
two miles of Sequel TSI Madison.

12. Sequel TSI Madison is a detention facility housing males ages 12 to 18 years old with
impulsive/irresponsible behavioral tendencies, problems with anger and aggression, a low degree
of empathy, non-compliance with authority, and/or have been adjudicated delinquent by the State
of Alabama or placed by the Alabama Department of Youth Services.

13. On and before August 14, 2017, Defendants Aaron Jones and Jakobe Carter were housed
at Sequel TSI Madison due to impulsive/irresponsible behavioral tendencies, problems with anger
and aggression, a low degree of empathy, non-compliance with authority, and/or having been
adjudicated delinquent by the State of Alabama or placed by the Alabama Department of Youth
Services.

14. Defendant Sequel owed a duty to Van Johnson, and the residents ofMadison, Alabama, to
use reasonable care and reasonable security measures to prevent Sequel TSI Madison detainees,
such as Defendants Aaron Jones and Jakobe Carter, from escaping and causing injuries. The City
of Madison is incorporated within both Madison County and Limestone County.

15. Defendants Aaron Jones and Jakobe Carter had a history of violence, aggression, lack of
empathy, and had been adjudged delinquent.
 DOCUMENT 2

16. Defendant Sequel knew that Defendants Aaron Jones and Jakobe Carter had violent
tendencies, a history ofaggression, a lack of empathy, and had been adjudged delinquent.

17. Defendant Sequel knew, or should have known, that violent Sequel TSI Madison inmates,
such as Defendants Aaron Jones and Jakobe Carter, would attempt to escape and be likely to injure
persons, such as Van Johnson or members of the City of Madison community.

18. Defendant Sequel knew, or should have known, that violent Sequel TSI Madison inmates,
such as Defendants Aaron Jones and Jakobe Carter, who escape are likely to injure third party
persons, such as Van Johnson and members of the City of Madison community.

19. Despite this knowledge, Sequel breached the standard of care by allowing its Sequel TSI
Madison branch to be understaffed and lacking in proper security measures to keep dangerous
inmates, such as Aaron Jones and Jakobe Carter, from escaping.

20. As a result of this breach ofduty, Defendants Aaron Jones and Jakobe Carter escaped and
killed Van Johnson in Limestone Countv.

WHEREFORE, the Plaintiff requests judgment against Defendant Sequel TSI of Alabama,
LLC in an amount to be determined by a struck jury for wrongful death and costs.

COUNT TWO

WANTONNESS
SEQUEL TSI OF ALABAMA, LLC tllbla SEQUEL TSI MADISON

21. Paragraphs one through twenty are incorporated as ifcompletely and fully set out herein

22. Def'endant Sequel knew, or in the exercise ofreasonable care, should have known, that its
acts and/or omissions would likely or probably cause injury.

23. Defendant Sequel wantonly understaffed its Sequel TSI Madison facility and wantonly
failed to provide proper security measures to keep dangerous inmates, such as Aaron Jones and
Jakobe Carter, from escaping.

24. As a result ol Sequel's wanton conduct, Defendants Aaron Jones and Jakobe Carter
escaped and killed Van Johnson in Limestone County.

WHEREFORE, the Plaintiff requests judgment against Defendant Sequel TSI of Alabama,
LLC in an amount to be determined by a struck jury for wrongful death and costs.
 DOCUMENT 2

COUNT THREE

NEGLIGENT HIRING, TRAINING AND/OR SUPERVISION

SEQUEL TSI HOLDINGS, LLC d/b/a SEQUEL YOUTH AND FAMILY SERVICES

25. Paragraphs one through twenty-four are incorporated as if completely and fully set out
herein.

26. On August 14, 2017, Defendant Sequel TSI Holdings was the parent company of
Defendant Sequel TSI of Alabama.

27. Defendant Sequel TSI Holdings had a duty to use reasonable care to supervise Defendant
Sequel TSI of Alabama by hiring, training, staffing, and monitoring Sequel TSI of Alabama and
its facility in Madison, Alabama.

28. Defendant Sequel TSI Holdings failed to use reasonable care in the hiring, training, and
supervision of Defendant Sequel TSI of Alabama.

29. Defendant Sequel Holdings kne*', or in the exercise ofreasonable care should have known,
that Defendant Sequel TSI of Alabama was understaffed, not properly trained, and incompetent
and had reason to believe that undue risk ofharm existed to others.

30. Upon information and belief, in the years leading up to August of 2017, Sequel TSI of
Alabama d,6/a Sequel TSI Madison had multiple inmates escape.

31. Defendant Sequel TSI Holdings negligently, recklessly, and/or wantonly hired, supervised,
monitored, trained, and/or retained employees of Defendant Sequel TSI of Alabama.

32. Van Johnson was killed as a result of Defendant Sequel TSI Holdings' negligent and/or
wanton hiring, training, and/or supervision ofemployees of Defendant Sequel TSI of Alabama.

WHEREFORE, the Plaintiff requests judgment against Defendant Sequel TSI Holdings,
LLC in an amount to be determined by a struck jury for wrongful death and costs.

COUNT FOUR

ASSAULT, ROBBERY, AND MURDER

AARON RAYNARD JONES

33. Paragraphs one through thirtytwo are incorporated as if completely and fully set out
herein.

34. On or about August 14, 2017, Defendant Aaron Jones assaulted, robbed, and killed van
Johnson
 DOCUMENT 2

WHEREFORE, the Ptaintiff requests judgment against Defendant Aaron Jones in an

amount to be determined by a struck jury for wrongful death and costs.

COUNT FIVE

ASSAULT, ROBBERY, AND MURDER

JAKOBE ISAIAH CARTER

35. Paragraphs one through thirty-four are incorporated as if completely and fully set out
herein.

36. On or about August 14, 2017, Defendant Jakobe Carter assaulted, robbed, and killed Van
Johnson.

WHEREFORE, the Plaintiff requests judgment against Defendant Jakobe Carter in an

amount to be determined by a struck jury for wrongful death and costs.

COUNT SIX

NEGLIGENCE
Fictitious Party Defendants A-C

37. Paragraphs one through thirty-six are incorporated as ifcompletely and fully set out herein.

38. Fictitious Party Det'endants A-C are the owners and/or operators of the secure residential
facility, known as Sequel TSI Madison, located at 1329 Browns Ferry Road, Madison, Alabama
3 575 8.

39. Dozens of subdivisions, thousands of homes, and multiple businesses are located within
two miles of Sequel TSI Madison.

40. Fictitious Party Defendants A-C own and/or operate a detention facility housing males ages
12 to 18 years old with impulsive/irresponsible behavioral tendencies, problems with anger and
aggression, a low degree ofempathy, non-compliance with authority, or have been adjudicated by
the State of Alabama or placed by the Alabama Department of Youth Services.

41. On and before August 14, 2017, Defendants Aaron Jones and Jakobe Carter were housed
at Sequel TSI Madison due to impulsive/irresponsible behavioral tendencies, problems with anger
and aggression, a low degree of empathy, non-compliance with authority, or having been
adjudicated by the State of Alabama or placed by the Alabama Department of Youth Services.

42. Fictitious Party Defendants A-C owed aduty to Van Johnson, and the residents ofMadison,
Alabama, to use reasonable care and reasonable security measures to prevent SequeI TSI Madison
inmates, such as Defendants Aaron Jones and Jakobe Carter, from escaping.

43. Defendants Aaron Jones and Jakobe Carter had a history of violence, aggression, lack of
empathy, and had been adjudged delinquent.
 DOCUMENT 2

44. Fictitious Party Defendants A-C knew that Defendants Aaron Jones and Jakobe Carter had
violent tendencies, a history of aggression, a lack ofempathy, and had been adjudged delinquent.

45. Fictitious Party Defendants A-C knew, or should have known, that Sequel TSI detainees
Aaron Jones and Jakobe Carter would attempt to escape and would pose a danger to third party
persons, such as Van Johnson and members of the Madison community.

46. Despite this knowledge, Fictitious Party Defendants A-C breached the standard ofcare by
allowing its Sequel TSI Madison branch to be understaffed and lack proper security measures to
keep dangerous inmates. such as Aaron Jones and Jakobe Carter, from escaping.

47. As a result of this breach ofduty, l)efendants Aaron Jones and Jakobe Carter escaped and
kitled Van Johnson in Limestone Countv.

WHEREFORE, the Plaintiff requests judgment against Fictitious Party Defendants A-C in
an amount to be determined by a struck jury for wrongful death and costs.

COUNT SEVEN

WANTONNESS
Fictitious Party Defendants A-C

48. Paragraphs one through forty-seven are incorporated as if completely and fully set out
herein.

49. Fictitious Party Defendants A-C knew, or in the exercise of reasonable care should have
known, that its acts and/or omissions would likely or probably cause injury.

50. Fictitious Party Defendants A-C wantonly understaffed its Sequel TSI Madison facility and
wantonly faited to provide proper security measures to keep dangerous inmates, such as Aaron
Jones and Jakobe Carter, lrom escaping.

51. As a result ofFictitious Party Defendants A-C's wanton conduct, Defendants Aaron Jones
and Jakobe Carter escaped and killed Van Johnson in Limestone County.

WHEREFORE, the Plaintiff requests judgment against Fictitious Party Defendants A-C in
an amount to be determined by a struck jury for wrongful death and costs.

COUNT EIGHT

JOINT AND SEVERAL LIABILITY

52. Paragraphs one through fifty-one are incorporated as ifcompletely and fully set out herein
 DOCUMENT 2

53. Defendants Sequel TSI of Alabama, LLC; Sequel TSI Holdings, LLC; Aaron Raynard
Jones; Jakobe Isaiah Carter; and Fictitious Party Defendants A-C committed negligent and/or
wanton acts and are jointly and severally liable for the death of Van Johnson.

WHEREFORE, the Plaintiff requests judgment against Defendants Sequel TSI of

Alabama, LLC; Sequel TSI Holdings, LLC; Aaron Raynard Jones; Jakobe Isaiah Ca(er; and
Fictitious Party Defendants A-C in an amount to be determined by a struckjury for wrongful death
and costs.

RESPECTFULLY SUBMITTED on August 7, 2019.

. Barton Warren (WAR032)

arren & Simpson, PC
105 North Side Square
Huntsville AL 35801
(2s6) s39-757s
(256) 539-9335 FAX
bartonfawarrenandsimpson.com
Attorney ior Plaintiff

t.-_ 4p=.-.
Derek Simpson (SIM052)
Wanen & Simpson, PC
105 North Side Square
Huntsville AL 35801
(256) 539-7s7s
(256) 539-9335 FAX
derek@rvarrenandsirnpson.com
Atto for Plaintiff

Hunter Garnett (GARI 27)

Wanen & Simpson, PC
105 North Side Square
Huntsville AL 35801
(2s6) s39-7s7s
(2s6) s39-933s FAX
hunter warrenandsimpson.com
Attomey for Plaintiff
 DOCUMENT 2

PLAINTIFF REQUESTS TRIAL BY STRUCK JURY.

N, PC

Barton Waren (WAR032)

Defendants:

Sequel TSI of Alabama, LLC

Registered Agent: Corporation Service Company, Inc
641 South Lawrence Street
Montgomery, AL 36104

Sequel TSI Holdings, LLC

Registered Agent: Corporation Service Company, Inc
641 South Lawrence Street
Montgomery, AL 36104

Aaron Raynard Jones

Limestone County Detention Facility
l0l West Elm Street
Athens, AL 3561I

Jakobe Isaiah Carter

Limestone County Detention Facility
101 West Elm Street
Athens, AL 35611
 DOCUMENT 2

hr.-
GEOTIGIA PROBATE ( ;(l,,lRI
STANDARD FORI\,4
tN 1'l{lt Pt{oB_i\] E coutaT oF ct,AYToN c(J t.r\,1T1'
STATE oF (;IioR(;IA

lr* Itl:; l'lS'l',\'f ll OF )

)
Vlrn,lohnsoll ) lisl Al'Fl NO. 2{r r 9-0J ]llli.
DIt('tiAstit) )

0RI)IiR APPOINTIN(; ADMINISTRAToIT

A l'etilion tbr Letle!s of Adminisn'ntion for lhc atrorc narlrcd Dcccd!.llt was llled

Lec A usrin .lolrnson rvas nonr inate d Ad rn in istralor( s ) in lhc Pet ition and is herebl lbLrn d to he lega ll1, qrra li lier.i
lbr said ol}ice, 'l he Court finds lhat lhc Deccdcnt diccl donticiled uithin. trr*k,r+ieiledgr*hid€-{H{1rl.j-o{r
Geo@hifi.tl]cabovCCoUnty.ThcCottlt1.indsthatlhel)ccedel]tdiedintestatc.lh.r
C'ourt lirrlher filds that all olthc hcirs at larv rverc setved or acknorvleclged sen,ice. 'l'he Coufi iitrther linds
that no ob.iection has been filcd. and all requirenrents ol'larr have becn l'ullilled.

ACCOIf DINC LY. lT lS ORDER ED that the person(s ) nanred abovc is lbund to bc qualitled fol sr.rch

otfice aId is hercbl- appointc,d Adm iIistrator(s) ot the estate ot thc Decedcnt. and that appropriate Lellcr. b,]
issued uporr silid Adnrinistlator(s) givirrg bond wilh approve<l srrrety in tlrc srrnr o["{i0.00 thoLrgh llre C',rrrrt
rese[\,es ll]e righl lo inrposc bond at a late[ date should it lre deenrcd nccessar-r . arrr:l lak ing thc oath as pxl iderl
by larv. 'l'he Adnr in istralt.rr'(s) shall not rnake any distr-ibution to a Person lbr the bcnctit ofa orinor rrnleis lhal
pelsorr is qLralitied to rccr.'ive'strch ltrnds according to larv.

l'l- IS FU RTll ER ORDERED that uporr unan inrous corrseut and publication ofnotice as necessaD,. the
Corrrt heleby: finilial il appliL'oblt,I
(a) Pgltlg/?s 6&4/yfgDr Grnnts te the Adnrinisn'eter(s) {!ll ,:f [[]e .orA€ri;-e6l*tei1]€.:l+r
e=ffi
(b) ftfPOJtlFS ,r/,1/t/gei Grants lo the Adnlinistraro(s) lhe rpe"-i{h-perver"+*e+r.e-*.i+heu+

r$e+bt-+s+a+g}l€n+o++ee(i t*s
*+44isbt+sen+e*+-

flt{.

SO ORDERED. this 7th day ofAugust,2019

n. .l ll(l1le
(' llrl(oD Coulrt)'Probnle CouIt
l2 | South McDonouglr iit. Bldg. #-1
.loneshoro, CA J0236

$[iA I_

EXHIBIT
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