Donald Nichols v. Knox County, Tennessee

On August 13, 2010, following a violation of his probation, Donald Nichols began serving a sentence at the Knox County Detention Facility (KCDF). He was assigned to a second floor cell. The only bed available there was a top bunk. On August 20, 2010, Nichols was subjected to a physical examination by KCDF's medical staff. The staff detailed his medical history as pain in his lower back and extremities, as well as surgeries on his knee, foot, and ankle. On August 27, 2010, while he was asleep, Nichols rolled off his bed and hit the floor. As a result, his head was bloody, and he had intense pain in his neck and back. The on-duty nurse examined him and gave him ibuprofen for pain. In the weeks that followed, Nichols continued to have ongoing pain. He made multiple requests for medical assistance. He had an x-ray on November 5, 2010. That x-ray and a subsequent CT Scan and MRI revealed that he had several cervical fractures as a result of his fall. Through the efforts of his criminal attorney, Nichols was released from KCDF on November 10, 2010. Thereafter, in January 2011, he had surgery and incurred medical expenses of approximately $240,000. He filed a complaint against Knox County, alleging common law negligence. Nichols filed a motion for partial summary judgment. Knox County filed a motion for summary judgment.