Metro Still Liable in Conservatorship Cases

By Walter F. Roche Jr.

A specially appointed judge has formally ruled that Metro government can be held liable for losses in conservatorship cases in which court officials failed to perform their duties, including the monitoring of actions by court appointed conservators.
The two-page ruling was filed this week in Davidson Circuit by Senior Judge Ben H. Cantrell, who was assigned the case after other judges recused themselves.
The ruling means that suits filed in behalf of victims of former Nashville attorney John E. Clemmons can seek recovery of some of their losses from Metro government.
Though Cantrell only formally filed the denial order this week, it stems from a hearing held nearly a year ago.
Cantrell rejected claims by Metro attorneys that the government was immune from the claims under the public duty doctrine and other factors.
Cantrell wrote that lawyers for the victims "adequately allege they were owed special duties... Plaintiffs ultimately suffered a special injury not common to the public at large."
He also rebuffed Metro's claims that court officials were immune from suit because they were performing quasi-judicial functions.
Though the formal ruling was filed this week, Gontarek said the judge had indicated he was going to reject the Metro motions at a Nov. 4, 2014 hearing.
The suits stem from actions by Clemmons, who had been appointed as a conservator and later estate administrator for Nashville area residents. Clemmons pled guilty to charges that he stole more than $1 million from persons he was entrusted to protect.
He is currently serving a 16 year prison sentence.
The suits were filed in behalf of the estate of William C. Link  and Donald E. Griggs. Griggs conservatorship has been taken over by Nashville attorney Paul Gontarek. Patrick Mason, a Memphis attorney, has also been involved in attempts to recover money from Metro.
The suits contend that if Davidson Probate Court officials had been performing their jobs, they would have detected Clemmons' actions and stopped the thefts.
Clemmons has admitted to the theft of $172,506 from Griggs and $771,009 from Link.
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