Nashville jail officer arrested for allegedly pepper-spraying inmate without justification Officer Oluwatobi Oja pepper-sprayed an inmate who was considering joining a lawsuit against the jail over a scabies outbreak.

Show Caption Hide Caption What is Scabies? Scabies is a infestation of the skin from the human itch mite (CDC)

Oja was arrested Monday and charged with misdemeanor assault

The scabies lawsuit has been granted class-action status

CoreCivic has been accused of trying to keep outbreak secret

A former correctional officer at Nashville's largest jail was arrested this week for allegedly pulling an inmate out of bed about one year ago and pepper-spraying him in the face without justification.

Former inmate James Nelson says the officer, Oluwatobi Ola, attacked him in part because Nelson wanted to join a federal lawsuit accusing jail operator CoreCivic of refusing to treat a scabies outbreak and retaliating against inmates who sought treatment.

That lawsuit — recently granted class-action status by a federal judge — states CoreCivic did little to prevent or treat hundreds of inmates suffering from the skin-burrowing mite while they were incarcerated at the 1,300-bed Metro Davidson County Detention Facility.

The lawsuit was filed about a month before Nelson was pepper-sprayed. Nelson had scabies at the time and was considering joining the case as a plaintiff.

Nelson says Ola roused him from bed at 1 a.m. on July 20, 2017 before rifling through his court documents. Ola was already upset with Nelson and his anger intensified when he found the scabies lawsuit.

“He became very irate once he saw that lawsuit,” said Nelson’s attorney, John Maher. “He decided he was going to punish my client right then.”

Ola, 24, was arrested Monday on charges of misdemeanor assault for allegedly spraying Nelson. The incident, captured on video, also led to Ola's firing for an “unnecessary” use of force, according to county court records.

But that firing did not stop Nelson from filing a lawsuit. He sued Ola and CoreCivic on Wednesday in Davidson County Circuit Court, alleging that the private prison company allowed the assault to happen.

It mirrors a lawsuit Nelson filed earlier this year, without an attorney, in federal court. In response to that suit, Ola and CoreCivic deny wrongdoing.

Ola filed a statement accusing Nelson of instigating the spraying. The former officer says his use of force was justified because he was in fear for his life.

A CoreCivic spokeswoman said Thursday the company does not comment on pending litigation or personnel matters.

Nelson is no longer in jail. He was in the detention facility serving a three-year sentence on an aggravated assault charge.

Scabies lawsuit could have thousands of plaintiffs

The Nashville-based private prison operator could be on the hook to pay damages to Nelson and an untold number of former inmates following a federal judge's decision to formally allow the creation of a class-action lawsuit.

In June 2017, Metro Nashville health officials confirmed they started treating hundreds of inmates for rashes. But additional information obtained by The Tennessean shows jail officials knew of a potential outbreak among male and female inmates months earlier.

Lawsuits filed against CoreCivic provide enough evidence to support establishing a class, U.S. District Judge Aleta Trauger ruled in late June.

Trauger issued specific details as to whom would be part of the class. Anyone jailed and released at the Metro Nashville facility since October 2016 who had a rash and did not receive treatment is now a party to this lawsuit.

Even if an inmate did not seek medical attention "in light of the apparent futility of doing so or a fear of retaliation," Trauger said they are still included in this lawsuit.

"Given the nature of this disease, theoretically it could be thousands of people who got it," said Brian Kroll, an attorney representing former inmates who brought the initial lawsuit.

"We can readily identify hundreds."

The Metro Nashville Public Heath Department eventually offered treatment to all inmates and staff at the jail, as a preventative measure. The department considered the outbreak officially contained in September 2017.

In the first half of 2017, inmates reportedly tried to send letters about the infestation to city officials. They accuse CoreCivic of preventing delivery of the letters. Two pregnant inmates did not received treatment until the health department intervened in May, the lawsuit says.

City officials also contracted scabies, prompting a public outcry and calls for CoreCivic to pay for all relevant health costs for city employees. The company agreed to pay appropriate medical costs.

Pointing to the allegations of retaliation in other lawsuits, Nelson's attorney suggested Ola may have pepper-sprayed Nelson in a broader attempt to prevent inmates from suing the company.

“The officer very well could have thought that this is what CoreCivic wants me to do – to crack down on these people – because they are coming after CoreCivic and its employees,” Maher told The Tennessean. “Maybe, in this guy’s head, this was next logical step.”

In 2015, CoreCivic received a 5-year, $100 million contract to operate the jail. Gary Blackburn, another attorney representing inmates in the federal lawsuit, says discovery in his case will add to a growing amount of evidence that the private prison operator is unfit to operate the Nashville jail.

"What needs to happen is they need not to renew this contract. Period," Blackburn said.

Reach Dave Boucher at 615-259-8892, dboucher@tennessean.com and on Twitter @Dave_Boucher1.