The federally-funded legal services progam has cost Tennessee hundreds
of millions of dollars litigating everything from how the state delivers
health care to how it runs its prisons. In addition, legal services lawyers
show questionable ethical judgment in using federal dollars to represent
individuals clearly undeserving of taxpayer-provided legal assistance.
Doctors Say Legal Services Trying To Run Them Out of Business
In 1994, Legal Services of Middle Tennessee outraged the state’s doctors
by advocating a rule that would have required them to see unlimited numbers
of Medicaid patients. The Tennessee Medical Association (TMA) said that
payments under TennCare, as the state Medicaid program is called, are so
low that doctors have no choice but to restrict the TennCare patients in
their care. Legal services claimed that this was discrimination and should
be prohibited. The TMA warned that the rule would drive so many doctors
out of business that the state would truly have a problem with access to
quality health care. In response to the outcry, Governor Don Sundquist
halted implementation of the rule.
See Richard Locker, “Physicians Protest Change in TennCare Regs,”
The Commercial Appeal, October 18, 1994, pg. 2B; “Administration
Kills TennCare Anti-Discrimination Rule,” Health Line, March 3, 1995
Legal Services Prison Suit Costs State $340 Million
In 1993, Tennessee regained control of its prison system from the federal
government but only after spending $340 million to satisfy a legal services
lawsuit. In 1982, Legal Services of Middle Tennessee sued the state claiming
overcrowding and lack of proper health care violated the constitutional
rights of prisoners. A federal judge agreed and ordered federal oversight
until the conditions were remedied. The state spent nine years building
six new prisons and expanding others to get out from under the order.
See “Federal Judge Returns Control of Tennessee Prisons to State,”
Associated Press Wire Story, May 14, 1993
County Jail Facing $2 Million Fine
Legal services lawyers are asking a federal judge to impose as much as $2 million in fines on the Franklin County Jail for what they claim is overcrowding of inmates. In 1990, the jail entered into an agreement with Legal Services of South Central Tennessee capping the jail population to end a series of lawsuits. However, legal services claims that there are still too many inmates. In addition, they say prisoners do not have enough exercise time and visitation rights. However, the county refuses to spend $5.3 million to build a jail that would satisfy legal services standards.
See Charlie Appleton, “Jail Expects to be Fined for Crowding,”
The Nashville Banner, October 27, 1995, pg. B1
Tries to Overturn Parole Deferral of Violent Prisoner
In 1990, Legal Services of South Central Tennessee sued the state for delaying the parole of a violent inmate. The inmate in question was found guilty by a disciplinary committee for assaulting a guard and as punishment postponed the inmate’s eligibility for parole from 2002 to 2014. Although state law clearly gives prison officials broad authority to adjust inmate sentences within the full sentence originally imposed, legal services tried to argue that authorities violated their plaintiff’s rights for vague bureaucratic reasons. A state appeals court dismissed the suit as groundless.
See Green v. Reynolds, Tenn. App. Ct., 1992
Defends Mother With Abusive Past in Custody Case
In 1991, the Knoxville Legal Aid Society represented a woman in her
attempt to regain custody of her five-year old son even though she had
been convicted for not only abusing him but for complicity in the death
of her daughter. In 1987, the Department of Health and Human Services obtained
temporary custody of then-18 month old Christopher Tucker and 7-month old
Ashley Nicole Tucker after corroborating claims of serious child abuse.
Both children were immediately hospitalized with severe injuries. Christopher
sustained multiple bruises, scratches, bites and a cigarette burn. Ashley
died of her injuries. Tucker’s boyfriend, Steve Hannah, plead guilty to
involuntary manslaughter and went to prison. Mary Tucker Rose, the mother,
plead guilty to aggravated assault and served 12 days of a two-year prison
sentence with the remainder on probation. Despite her conviction and the
recommendations of experts that Christopher not be returned to her custody,
Legal Aid insisted that there was not “clear and convincing” evidence of
abuse to terminate her parental rights. A state appeals court disagreed
noting that she continued to be less than truthful about her prior mistreatment
of Christopher.
See Simpson v. Rose, Tenn. App. Ct., 1991
Defends Man Accused of Sexual Abuse in Custody Case
In a 1990 child custody case, Legal Services of South Central Tennessee
tried to prevent consideration of evidence that their client had sexually
abused the child in contention. The state had removed three children from
their grandmother, Beulah Mattox, and their step-grandfather, Villard Mattox,
after determining that they were physically abused and neglected. After
being placed in foster care, one child said that Villard had sexually abused
her. The state then sought a new order to prevent the couple from regaining
custody. Legal services lawyers tried a variety of legal procedural tactics
to have the state’s petition dismissed. However, an appeals court ruled
for the state.
See State of Tennessee Department of Human Services v. Villard Mattox,
Tenn. App. Ct., 1990