JAMES SMALLWOOD v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on Oct 26, 2016

Court: TN Court of Appeals

Attorneys 1:

James Smallwood, Only, Tennessee, Pro se.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter, Andree S. Blumstein, Solicitor General, and Jennifer L. Brenner, Assistant Attorney General, Nashville, Tennessee, for the appellee, the State of Tennessee.

Judge(s): CLEMENT

An inmate of the Tennessee Department of Correction filed a claim against the State of Tennessee seeking to recover damages for personal injuries he sustained when he was attacked on August 23, 2013, by a fellow inmate. The Claims Commissioner found that the material facts were not disputed and there was no forewarning of the assault. Because the claimant provided no evidence showing that the attack was foreseeable, the Claims Commissioner concluded that the prison did not breach any duty to protect the claimant and summarily dismissed the claim. The claimant appealed. We affirm.

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