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Article published Oct 3, 2007 County seeks sanctions against attorneys
By Mark Boxley of The Daily Times Staff
Attorneys for Blount County and Sheriff James Berrong filed a motion Tuesday seeking sanctions and a protective order against attorneys representing a Morristown man suing the county for $1.5 million.
The motion was filed two days after a story recounting the allegations of Jamey Southerland, 34, Morristown, that his arm was broken in an unprovoked assault by a jailer, or jailers, in Blount County after an Oct. 6, 2006, arrest.
The break caused him to have to wear an arm-length cast for three months and he still has a metal plate and seven screws in his arm. Southerland also alleges he was not given medical care for his injuries while in custody at the jail.
Along with the county and Berrong, Southerland’s lawsuit names the Blount County Jail and unnamed jailers and supervisors as defendants.
According to the complaint, Southerland is seeking $500,000 in compensatory damages and $1 million in punitive damages.
Knoxville attorney Jeffrey R. Thompson and Maryville attorney Carl P. McDonald filed the motion and a memorandum of law in support of it Tuesday in U.S. District Court in Knoxville.
The memorandum alleges that Southerland’s attorneys, Michael K. Atkins and Brent A. Morris — both with the Knoxville firm Baker, O’Kane, Atkins & Thompson — violated a local judicial rule prohibiting discussion of certain aspects of an ongoing civil lawsuit by commenting about the case in The Daily Times.
Specifically, the memorandum alleges certain statements made by Morris and Atkins violated the rule because they “relate to evidence regarding the occurrence, they relate to the character and credibility of witnesses, and they relate to the attorneys’ opinions as to the merits of the claim or defense of a party.”
The memorandum goes on to state, “Additionally, the comments (made by Morris and Atkins) seem specifically calculated to attempt to interfere with the Defendants’ right to a fair trial in this case.”
Southerland said in interviews for the original story that he made the decision to go public with his allegations after months of work to resolve the case without going to trial. Those efforts came to an end, he said, after a failed mediation between himself and the county on Sept. 27.
The memorandum filed on behalf of the county and Berrong calls the timing of his decision into question.
“The timing of the comments are noteworthy,” it states, “coming immediately after the mediation in this case.”
The county’s attorneys are seeking sanctions against Southerland’s attorneys and a protective order that would prevent them from commenting on the case in the future. Southerland’s attorneys had not filed a response to the motion as of Tuesday. Morris said he could not comment on the motion until the judge in the case made a decision. A hearing date for the decision had not been set Tuesday afternoon.