In a unanimous opinion, the Tennessee Supreme Court has determined that a statute requiring lawsuits by inmates to be brought in the county where they were incarcerated does not apply to inmates housed in a privately operated correctional facility.
Sandy Eugene Womack is serving sentences for armed robbery and robbery at the Hardeman County Correctional Facility in Whiteville, Tenn. The prison is privately owned and is operated by Corrections Corporation of America (CCA). Mr. Womack sued CCA in Davidson County, alleging that he had not received adequate medical care. The trial court in Davidson County granted CCA’s motion to transfer Mr. Womack’s lawsuit to Hardeman County based on a statute requiring inmates to file lawsuits in the county where they are incarcerated. The Court of Appeals affirmed the trial court’s decision.
The Supreme Court held that the statute did not apply to Mr. Womack’s lawsuit because he was incarcerated in a privately operated correctional facility. The Court explained that the statute requires inmates to bring suit in the county where they are incarcerated only if they are housed in a facility operated by the Tennessee Department of Correction. Because Mr. Womack was housed in a facility operated by CCA, the statute did not require him to bring suit in Hardeman County.