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In the Circuit Court for Knox County, Tennessee
JOHN HUNLEY, SR.,
for the use and benefit of and
natural parent of JOHNNY ALBERT
HUNLEY, JR., a minor, deceased.
Plaintiff,
vs. No: 2-264-02
CHILD AND FAMILY TENNESSEE, Inc. JURY DEMANDED
HASLAM CENTER,
MARK POTTS, individually and in his official
capacity as an agent, servant, employee
and/or officer of Haslam Center,
KATHRYN O'DAY, individually and in her
official capacity as agent, servant, employee
and/or officer of Child and Family Tennessee,
TENNESSEE DEPARTMENT OF CHILDREN
SERVICES (DCS),
JOHN DOE 1 through 4, inclusive,
Defendants.
Plaintiff's First Set of Interrogatories and Requests for Production of Documents Propounded to Defendant Mark Potts
Comes the Plaintiff, by counsel and, pursuant to Tennessee Rules of Civil Procedure 31 and 33, propounds the following Interrogatories to Defendant Mark Potts, a Defendant in this cause of action, to be answered separately and fully under oath within 30 days of service. Responses are to be seasonably supplemented in accordance with the applicable Rules of Civil Procedure. In answering these Interrogatories, Defendant must identify separately and in detail and provide all sources of information and all records maintained by the Defendant or any other person upon which the answers are based in whole or in part.
BACKGROUND
The following Interrogatories and Requests for Production of Documents and things concern the death of plaintiff's minor son, Johnny Albert Hunley, Jr., on June 22, 2001, while a resident at the Haslam Center in Knoxville Tennessee. Information is sough concerning the care, treatment and supervision provided Plaintiff's minor child from and after July 26, 1999, when said minor became a ward of Child and Family Tennessee, Inc . These Interrogatories seek information as to the involvement and interaction of Mark Potts with the deceased and other wards, staff and management of Child and Family Tennessee, Inc., as well as all knowledge possessed by Mr. Potts concerning the facts leading up to and surrounding the death of young Mr. Hunley. In the event this defendant objects to any of the following interrogatories or requests for the production of documents or things, this defendant should state clearly and concisely the basis of the objection. In the event any objection is made as to attorney privilege or attorney work product, this defendant should state the basis of the objection and identify any documents objected to in a sufficient manner so as to enable a determination to be made as to the validity of the objection.
A. "Document" means any handwritten, typewritten, printed, recorded, computer generated or graphic matter, photographs, audio or video tapes, graphs, drafts, logs and/or charts, however produced or reproduced, whether or not in the possession, custody or control of Defendant Potts and whether or not claimed to be privileged against discovery on any ground, and includes, but is not limited to, reports, records, computer-generated materials, lists, memoranda, correspondence, telegrams, schedules, photographs, manuals, sound recordings, ledgers, books of account, catalogues, checks, check stubs, brochures, and written statements of witnesses or other persons having knowledge of any issue involved in this litigation.
If Defendant considers any documents called for in these Interrogatories or Requests for Production of Documents and things to be privileged from production or not subject to identification and discovery, then Defendant must include in the answers to these Interrogatories and Requests for Production of Documents, a list of documents withheld from production or not identified, by identifying each document or thing by date(s), addressee(s), author(s), title(s) and subject matter. In addition, Defendant should identify those persons who have seen each document or thing or who were sent copies. Finally, Defendant should state the ground(s) upon which each such document or thing is considered privileged.
B. "Identify" or "identification," when used in reference to an individual person, means to state his/her full name, his/her present address, his/her present business address , his/her telephone number(s) and his/her present or last known position and business affiliation. When used in reference to a thing or event means to describe with particularity the thing or event and state the date(s) and location(s) of the thing or event and the identity of all persons involved in the thing or event.
C. "Describe" or "description," (a) when used in reference to persons or members of a class, means to identify each individual person by name, title, relationship to Defendant (if any), address and telephone number, and (b) when used in reference to documents, means to state the following as to each document:
(1) The nature and contents thereof;
(2) The date thereof;
(3) The date the document was generated, and the date it was executed, if different from the date it bears;
(4) The name, address and position of the author or signer thereof;
(5) The name, address and position of the addressee, if any;
(6) The present location thereof and the name, present address and position of the person or persons having present custody thereof; and
(7) Whether the document has been destroyed and, if so, with regard to such destruction:
(a) The date thereof;
(b) The reason therefor; and
(c) The identity of the person or persons who ordered it destroyed and the identity of the person who destroyed the document.
INTERROGATORIES
1. State your full name, title, telephone number, date of birth, social security number,
marital status, present address, each address at which you have resided within the past ten (10 years, and identify, by name, title and address, each person consulted to supply information in responding to each interrogatory and identify and describe each document consulted that aided in the response to each interrogatory.
Response:
2. Describe in detail your complete education beginning with grade school and continuing through all institutions of higher learning attended and/or graduated from and for each such institution state the dates of attendance and certificates of completion, diplomas and/or degrees received.
Response:
3. Identify each employer for whom you have worked and state:
A. The dates of employment;
B. Your job title(s), the years you held each position and your duties in each job.
C. The identity of each of your supervisors or persons to whom you reported; and
D. The reason for leaving each job.
Response:
4. Why are you no longer employed by Cherokee Mental Health of Jefferson City, Tennessee? Please explain the reason(s) for your discharge in detail and identify each of your co-workers and supervisor(s).
Response:
5 . Identify your employer on June 22, 2001? Please include in your response the date of your employment, each position you have held, your duties in each position, the dates you held each position, the name of your immediate supervisor and the identity of each person(s) that reports to you.
Response:
6. Please describe the function and purpose of the Haslam Center and include in your response a definition of a level 1, level 2, level 3 and level 4 facility. What level facility was Haslam Center between December 1998 and the present? At any time between December 1, 1999, and the present has the level of the Haslam Center changed? If yes, describe in detail the date and type of change it underwent.
Response:
7. Describe Haslam Unit 1B and Haslam Unit 2B with reference to the size, age, problems and demeanor of children housed in each unit.
Response:
8. When and under what circumstances did you first have contact with Johnny Albert "Jo" Hunley, Jr., (herein "Jo") and what were your responsibilities with reference to him at that time?
Response:
9. Identify any and all documents you have reviewed that involved Jo (including any confidential documents of the Knox County Juvenile Court.)
Response:
10. Describe Jo's conduct and demeanor during all times you were associated with him and state:
A. His interaction with peers and staff;
B. His frame of mind/mental outlook;
C. His physical capabilities; and
D. His willingness or lack thereof to cooperate with peers and staff.
Response:
11. At the time Jo was transferred into Haslam Unit 2B, were you aware that:
A. Joe was small for his age?
B. Weighed less than other children housed in Haslam, Unit 2B?
C. The larger children in Haslam Unit 2B were aggressive and bullied smaller children?
D. Weak children in Haslam Unit 2B had been physically and mentally abused by stronger children?
E. On more than one occasion before June 22, 2001, children had required medical care and treatment because of being beaten by other children in Haslam, Unit 2B?
F. Jo became a target for physical and mental abuse by older and stronger children in Haslam?
G. It was not in the best interest of Jo to place him in Haslam Unit 2B?
H. It was not in the best interest of Jo to allow him to remain in Haslam Unit 2B?.
Response:
12. If you were aware that being housed in Haslam, Unit 2B presented any danger to Jo, please state:
A. When you first became aware of the danger;
B. To what danger(s) Jo was being subjected;
C. The identity of person(s) that posed a danger to Jo; and
D. What, if anything, you did to protect Jo from being the subject of abuse while a resident of the Haslam Center?
Response:
13. Identify all staff members whose job responsibilities involved overseeing children
housed in Haslam, Unit 2B during the times Jo was housed in that unit.
Response:
14. Identify all complaints or instances of abuse of children at Haslam Unit 2B before
June 22, 2001. Describe each such occurrence in detail as to date, children involved, nature and extent of injury, staff members with knowledge, actions taken and identify all associated written reports and documents produced by or in the possession of Haslam Center concerning such instances of abuse.
Response:
15. Have you ever been reprimanded, fined, suspended, fired or in any way
disciplined by any person or organization for whom you have worked? If yes, describe all such instances in detail.
Response:
16. Is there now or was there ever an attempt by the staff at Haslam Center or any
persons associated with Haslam Center and/or Child and Family Tennessee, Inc. to avoid or prevent the transfer of children from Haslam Center to a level IV facility?
Response:
17. Did the number of children housed at Haslam Center determine the amount of
money Child and Family Tennessee, Inc., and/or Haslam Center would receive from the State of Tennessee or other governmental entities?
Response:
18. Did John Albert "Jo" Hunley, Jr., have an alleged ". . . . history of fighting,
aggressive and manipulative behavior and poor interaction with his peers."? If yes, describe all such alleged conduct. If any documents exist evidencing such behaviors, please identify each date and state the present location of each such document.
Response:
19. Identify each occasion when Jo required medical care and state:
A. The date(s);
B. The reason medical care was required; and
C. The name and address of the physician or health care provider attending Jo.
Response:
20. What is meant by the term "body slamming'? Identify all residents of Haslam
Center who have been body slammed and identify all staff members who have participated in body slamming.
Response:
21. Was Jo ever "body slammed"? If yes, identify each such incident with
particularity, stating:
A. When and by whom?
B. For what reason was he "body slammed"?
C. Circumstances surrounding each incident;
D. If any written report or documentation was made of the incident(s). If yes, identify each such report and/or documentation.
E. To whom were reports of the incident(s) sent?
F. Was body slamming used as a method of discipline or gaining control of residents at Haslam Center?
Response:
22. To your knowledge, have any employees of Haslam Center at any time received
disciplinary action including but not limited to discharge from employment due to physical and/or mental abuse of residents at Haslam?
Response:
23. Identify each of Jo's roommates at Haslam Center.
Response:
24. With reference to the events leading up to and surrounding the death of Jo on June
22, 2001, state:
A. The identity and job title of the person who checked on Jo's condition at or about 2:30 p.m.?
B. Describe with specificity the location of Jo at or about 2:30 p.m. (ie: in a hall, in his room, standing, sitting in a chair, lying down on the bed, etc.)
C. What was the condition of the furniture and other contents of Jo's room at or about 2:30 p.m.?
D. Was Jo alive at approximately 2:45 p.m.? If yes, identify the person who claims to have knowledge he was alive at that time.
E. Identify the staff member(s) in charge of Jo between the hours of 1:00 p.m. and 3:30 p.m. on June 22, 2001.
F. Identify all persons known or suspected to have been in Jo's room between the hours of 1:00 p.m. and 3:30 p.m. June 22, 2001.
Response:
25. Did you see Jo after he was dead and while he was at Haslam Center? If yes, did
you see the following:
A. Green colored contusions in the areas of his left eye and left cheek?
B. A brown bruise between his right elbow and shoulder?
C. A purple/green contusion on the inside of his left arm just above his wrist?
D. Yellow/brown contusions between his right ankle and right knee?
E. A brown contusion below his left knee?
F. Yellow/green contusions and swelling on or inside his right hand?
Response:
26. If yes to any or all of 24, A through F supra, do you know when and how the
contusions and/or bruises and/or swelling happened? If yes, please describe all such knowledge.
Response:
27. Do you have any knowledge of the life style and reputation of Rhonda Renee
Hunley, the mother of Johnny Albert Hunley, Jr., deceased and/or the life style and reputation of John A. Hunley, Sr., the father of Johnny Albert Hunley, Jr., deceased? If yes, what do you know about her and/or his life style and reputation? Identify the source(s) of all such information.
Response:
28. Is there now or has there ever been a Dr. Beasley working at or in any way associated with. Haslam Center? If yes, state:
A. Dr. Beasley's full name, address, telephone number(s).
B. What were Dr. Beasley's duties at Haslam Center in 2001?
C. s he presently in the employ of Haslam Center?
D. Did Dr. Beasley ever see, treat, prescribe medications for, examine, or in any way have any contact with Jo? If yes, describe all treatment or contact between Dr. Beasley and Jo.
Response:
29. Did you participate in any investigation concerning the death of Johnny Albert
"Jo" Hunley, Jr.? If yes, please state:
A. The identity of all persons present;
B. Where the investigation took place;
C. The date(s) you were involved; and
D. If you gave a recorded or written statement? If yes, to whom did you give the written or recorded statement?
Response:
30. Identify all persons to whom you have given a statement, or in any way discussed:
A. Any of the facts surrounding the death of Johnny Albert "Jo" Hunley, Jr.;
B. The conditions "Jo" was subjected to while housed in Haslam Unit 2B;
C. If Jo was tormented, taunted or subjected to any physical or mental abuse by any of the staff or children at Haslam, Center; and
D. How and when Jo suffered the contusions, bruises and swelling found on his body on the date of his death.
Response:
31. Identify all persons known to you who at any time while Jo was a resident of the
Haslam Center in any manner physically and/or mentally abused Jo. For each such person state:
A. When and how the abuse happened;
B. The type of injuries Jo suffered; and
C. If any documentation was made of the abuse.
Response:
32. Were you present at a staff meeting of Haslam Center personnel at any time
before June 22, 2001 when you and/or other staff members expressed concern for Jo's safety and welfare? If yes, state:
A. When such a meeting took place.
B. Where the meeting was held.
C. The identity of all persons present.
D. What each person, including yourself, said.
E. If anyone present suggested or recommended that Jo be transferred to another facility? If yes, identify that person(s).
F. If any record was made of the meeting? If yes, who made the record and where is the record now?
Response:
33. From the time you became employed at the Haslam Center until the present how
many incidents or allegations of mental and/or physical abuse of minors at Haslam Center have come to your attention? Please identify each with specificity.
Response:
34. Do you know the present whereabouts of Jo's diary? If yes, where is it?
Response:
REQUEST TO PRODUCE
Pursuant to Rule 34 of the Tennessee Rules of Civil Procedure, Plaintiffs request Defendant Mark Potts produce the following documents and things for inspection and copying by counsel for the Plaintiffs at the offices of Gillenwater, Nichol and Associates, located at 6401 Baum Drive, Knoxville, Tennessee, 37919 on the 9th day of September 2002, beginning at 10:00 a.m. prevailing time unless a different time and place is agreed upon by the attorneys for Plaintiff and Defendant Mark Potts. Counsel for Defendant Mark Potts has the burden of contacting Plaintiff's counsel to schedule a different time and place for the production of all documents.
The term "document" includes but is not limited to original writings, drawings, graphs, charts, photographs, books, pamphlets, memos and copies thereof, computer generated data and any thing that evidences the original or a copy or reproduction of the thing requested. For a more detailed definition of the term "document," please refer to the definitions section of these Interrogatories and Requests for Production of Documents.
Please produce:
1. The Department of Children Services (herein "DCS") permanency plan for
Johnny Albert "Jo" Hunley., Jr.
2. All psychological reports concerning Jo.
3. All records, notes, memos, photographs, tape recordings, video recordings and
computerized data in any way relating to:
A. Any disciplinary actions taken against Jo;
B. Incidents involving mental abuse and/or tormenting of children at Haslam Center Unit 2B; and
C. Incidents involving physical beating and/or physical abuse of children at Haslam Center.
4. Letters of reprimand and/or termination of your employment from any of your
former employers.
5. Copies of all statements you have given concerning Jo.
6. Copies of your personnel file.
7. Copies of all staff meeting records or minutes of said meetings involving physical
and/or mental abuse of children and/or residents of Haslam Center with particular attention to Jo and children housed at Unit 2B.
8. The diary of John Albert Hunley, Jr.
Respectfully submitted this the day of July 2002.
Paul T. Gibson, (PIN #87455)
Attorney for Plaintiff
Gibson, Dunn, Noble & Assoc.
6401 Blanton Drive
Knoxville, Tennessee 37919
(865) 588-4533
CERTIFICATE OF SERVICE
I hereby certify that I have sent a true and correct copy of the foregoing Interrogatories and Requests for Production of Documents to all counsel of record via U.S. Mail, in properly addressed envelope with sufficient postage to carry same to its destination at the following addresses:
Edward G. White, II, Esq.
Hodges, Doughty & Carson
617 Main Street
Post Office Box 869
Knoxville, Tennessee 37901-0869
Dr. Michael A. S. Guth
116 Oklahoma Avenue
Oak Ridge, Tennessee 37830-8604
This the ___ day of July 2002.
Paul T. Gibson, (#89675)
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Dr. MICHAEL A. S. GUTH |
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