Case 4:20-cv-00213-CDL Document 1 Filed 09/08/20 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION

JERRY NELSON, as Personal *

Representative of the Estate of
*
EDDIE LEE NELSON, JR., Deceased,
*
and MICHELE DUSHANE, as *
Surviving Spouse, *
*
Plaintiffs, *
*
v. * CIVIL ACTION NO.
*
SHERIFF DONNA TOMPKINS, *
CHIEF DEPUTY TROY CULPEPPER, *
COMMANDER LARRY MITCHELL, *
and CAPTAIN GLENDA HALL, *
*
Defendants. *

COMPLAINT FOR DAMAGES

COME NOW Plaintiffs Jerry Nelson and Michele DuShane and hereby file

their Complaint for damages against Defendants as follows:

INTRODUCTION

1.

This is a 42 U.S.C. §1983 federal civil rights action for the wrongful death

of Plaintiffs’ decedent in the Columbus-Muscogee County jail. Plaintiffs allege

that Defendants and others under their command were deliberately indifferent to a
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known risk of serious harm to Eddie Nelson, Jr., a mentally ill inmate who was

Caucasian, by placing him in a cell with a mentally African-American inmate who

had confessed to stabbing someone because he wanted to kill white people, and

who in fact killed Mr. Nelson as a proximate result of said deliberate indifference

by jail officials, as well as their deliberate indifference to the serious mental health

needs of both inmates, in violation of the Fourteenth and/or Eighth Amendments of

the United States Constitution.

JURISDICTION AND VENUE

2.

This action is brought pursuant to 42 U.S.C. §§1983 and 1988, as well as the

Fourteenth Amendment of the United States Constitution. Jurisdiction is founded

upon 28 U.S.C. §1331, §1343, and the aforementioned constitutional and statutory

provisions.

3.

Venue is proper in this Court pursuant to 28 U.S.C. §1391 and other

applicable law because the cause of action arose within the boundaries of the

Columbus Division of the Middle District of Georgia, and on the further grounds

that Plaintiffs and one or more Defendants are domiciled within said District and

Division.

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4.

All parties herein are subject to the jurisdiction of this Court.

PARTIES

5.

Plaintiff Jerry Nelson is the brother of Eddie Lee Nelson, Jr., deceased, who

is in the process of making application to the Probate Court of Muscogee County

to be appointed Administrator of his brother’s estate. As personal representative of

the estate, he is the proper person to bring an action to recover compensation for

the decedent’s pain and suffering, for punitive damages, and for funeral, medical

and other necessary expenses

6.

Plaintiff Michele DuShane was legally married to Eddie Lee Nelson, Jr. at

the time of his death, and as such, is the proper person under the Georgia Wrongful

Death Act to bring suit for his wrongful death.

7.

Defendant Donna Tompkins is the duly elected sheriff of Muscogee County,

Georgia who is sued in her individual capacity and is subject to the jurisdiction of

this Court. As sheriff, she is responsible for the operation of the Muscogee County

Jail and the safety and wellbeing of the inmates housed there, and she has

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supervisory authority over the jail staff.

8.

Defendant Troy Culpepper is the Chief Deputy of the Muscogee County

Sheriff who is sued in his individual capacity and is subject to the jurisdiction of

this Court. As Chief Deputy, he is responsible for assisting the sheriff in the

performance of her duties and has supervisory authority over the jail staff.

9.

Defendant Larry Mitchell is the Commander of the Muscogee County Jail

who is sued in his individual capacity and is subject to the jurisdiction of this

Court. As Jail Commander, he is responsible for the day-to-day operations of the

jail under authority delegated by the sheriff and has direct supervisory authority

over the jail staff.

10.

Defendant Glenda Hall is the Captain in charge of the Security Division of

the Muscogee County Jail who is sued in her individual capacity and is subject to

the jurisdiction of this Court. As Captain over the Security Division, she is

responsible for overseeing jail security under authority delegated by the Sheriff and

Jail Commander and has direct supervisory authority over jail staff.

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11.

Plaintiffs intend to identify additional Defendants whose deliberate

indifference contributed to causing the death of Eddie Lee Nelson, Jr., including

but not limited to deputies, jailers, or medical staff members who were responsible

for the fact that Mr. Nelson and the inmate who killed him were tragically housed

together, who failed to properly monitor them and check on their wellbeing, and

who failed to intervene to prevent Nelson’s violent death. Said Defendants will be

added by amendment once their identities have been ascertained through

discovery.

12.

At all times relevant herein, the above-named Defendants acted under color

and authority of state law for purposes of the federal constitutional claims against

them.

FACTS

13.

At approximately 2:30 A.M. on September 5, 2020, Eddie Nelson, Jr. – who

was being held in the Muscogee County Jail for violating terms of probation – was

pronounced dead after having been bludgeoned to death by a fellow inmate in a

holding cell.

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14.

The inmate who beat him to death was a mentally unbalanced young man

named Jayvon Hatchett who had been arrested for stabbing an AutoZone employee

multiple times because of the color of his skin, and who told officers at the time of

his arrest that he had fantasized about killing white men after watching Facebook

videos where white police officers had killed black suspects.

15.

When Mr. Hatchett was brought to court to answer the charges against him,

his statements about wanting to kill white people were aired in open court and

were picked up by local news media and became viral on social media.

Consequently, the Defendants – along with much of the population of Columbus,

Georgia and probably all employees of the Muscogee County Sheriff’s Office and

Jail – were aware of Hatchett’s alleged hate crime and his threats to kill white

people.

16.

After hearing the testimony of the officers in open court, the judge denied

bail to Mr. Hatchett and ordered that he undergo psychiatric evaluation because it

was not safe to release him to the community – after which he was returned to the

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Muscogee County Jail where the Defendants were fully aware of his status and

the risk that he posed to white people, including other inmates.

17.

Despite the fact that Hatchett was a hate crime suspect and Nelson was a

member of the very racial that he had targeted with his hate crime and his threats

of violence, and despite the fact that Defendants were aware of Hatchett’s history

and stated intention to kill white people, Defendants or others under their

command caused the two inmates to be housed together after.

18.

The fact that Defendants and others under their command had actual

knowledge of the serious risk of harm that Hatchett posed to white inmates,

coupled with the fact that they failed to take action to protect Nelson or other white

inmates from Hatchett, amounts to deliberate indifference to a known risk of

serious harm that foreseeably led to Nelson’s death at the hands of Hatchett.

19.

The fact that Defendants and others under their command had actual

knowledge of Hatchett’s mental instability yet failed to ensure that he was isolated

from other inmates and kept under constant supervision or medical observation

amounted to deliberate indifference to Hatchett’s serious medical and psychiatric

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needs which proximately caused Hatchett to have a violent outburst and beat

Nelson to death without being interrupted by anyone on the jail staff.

20.

Whoever was responsible for Hatchett and Nelson being housed together

was deliberately indifferent to the psychiatric needs of both inmates, since they

were both assigned to a mental health section and should have been kept apart and

under observation.

21.

As supervisors, the above-named Defendants are liable for the

unconstitutional conduct of those under their supervision because they themselves

were deliberately indifferent to the serious danger and security risk posed by a

high-profile violent inmate and failed to ensure that their subordinates acted

appropriately given the highly publicized nature of said risk.

22.

Said deliberate indifference on the part of Defendants and others to be

named by amendment proximately caused the death of Eddie Nelson, Jr.

THEORIES OF LIABILITY

COUNT ONE:
FOURTEENTH AMENDMENT CLAIM FOR
DELIBERATE INDIFFERENCE TO SERIOUS RISK OF HARM

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23.

The aforementioned deliberate indifference of Defendants to a known risk of

serious harm to inmates in their custody constituted a violation of the Fourteenth

Amendment, or alternatively the Eighth Amendment.

24.

Because the above described conduct of Defendants violated clearly

established law of which a reasonable jail official should have known, Defendants

are not entitled to qualified immunity.

COUNT TWO:
FOURTEENTH AMENDMENT CLAIM FOR
DELIBERATE INDIFFERENCE TO SERIOUS MEDICAL NEEDS

25.

The aforementioned deliberate indifference of Defendants to the serious

medical needs of mentally ill inmates in their custody, including the psychiatric

needs of both Hatchett and Nelson, constituted a violation of the Fourteenth

Amendment, or alternatively the Eighth Amendment.

26.

Because the above described conduct of Defendants violated clearly

established law of which a reasonable jail official should have known, Defendants

are not entitled to qualified immunity.

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DAMAGES

27.

As a direct and proximate result of the aforementioned unconstitutional, and

unlawful misconduct of the Defendants, Plaintiffs’ decedent died a premature

death and experienced significant conscious pain and suffering in the horrific

moments leading up to his death, and his estate incurred funeral and other

necessary expenses, for which Plaintiffs are entitled to recover the full value of the

life of the decedent as well as compensatory damages for the aforesaid losses and

injuries in an amount to be proven at trial and determined by a fair and impartial

jury.

28.

The aforementioned conduct of Defendants rose to such a level of bad faith,

willfulness, and reckless disregard for the consequences as to authorize the

imposition of punitive damages against Defendants.

29.

Plaintiffs are entitled to recover reasonable attorney’s fees pursuant to 42

U.S.C. §1988.

WHEREFORE Plaintiffs demand as follows:

a) That this action be tried by a jury;

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b) That judgment be entered in favor of Plaintiffs and against Defendants

in an amount to be determined by the enlightened conscience of fair

and impartial jurors;

c) That Plaintiffs be awarded reasonable attorney's fees and expenses of

litigation by the Court;

d) That all costs of this action be taxed against Defendants; and

e) That the Court award any additional or alternative relief as may be

deemed appropriate under the circumstances.

Respectfully submitted this 7th day of September, 2020.

/s/ Craig T. Jones

CRAIG T. JONES
Ga. Bar No. 399476
Attorney for Plaintiffs

CRAIG T. JONES, P.C.

Post Office Box 129
Washington, Georgia 30673
(678) 643-0062
craigthomasjones@outlook.com

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JS 44 (Rev. 09/19) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

JERRY NELSON and MICHELE DUSHANE DONNA TOMPKINS, TROY CULPEPPER, LARRY MITCHELL
GLENDA HALL
(b) County of Residence of First Listed Plaintiff Muscogee County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Craig T. Jones
Craig T. Jones P.C., P.O. Box 129, Washington, GA 30673
678-643-0062

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Act/Review or Appeal of
Employment Other: ’ 462 Naturalization Application Agency Decision
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration ’ 950 Constitutionality of
Other ’ 550 Civil Rights Actions State Statutes
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. Sec. 1983
VI. CAUSE OF ACTION Brief description of cause:
Delliberate indifference causing death of inmate
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ to CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. be determined JURY DEMAND: x’xYes ’ No
by jury
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
09/07/2020 /s/ Craig T. Jones, Ga. Bar No. 399476
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE