In August of 1997, while an inmate in the custody of the Tennessee Department of Correction, I was transferred to the Department's Special Needs Facility, 7575 Cockrill Bend-Industrial Road, Nashville, Tennessee. While temporarily confined there, I underwent surgery intended to correct a "hammer toe" condition. That surgery was performed by Dr. Paul J. Somers, Jr., of the American Foot Care Center, P.C., 311 White Bridge Road, Nashville, Tennessee. Dr. Somers was then in a contractual relationship with the State of Tennessee to provide podiatric care for inmates requiring such.

In late November of 1997, after having returned to the Wayne County Annex, at which facility I am permanently housed within the Department, I again experienced problems with my toes. Upon reporting same to the medical staff at Wayne County Annex, I learned for the first time that, in connection with the August 1997 surgery, all of the bones had been removed from two of my toes. I further learned that this was not the procedure which should have been followed to correct my hammer toe condition; that, as a result of this procedure, I have permanently lost the use of two of my toes; and that it may become necessary to amputate those now useless toes at some future date. It was at this time, in late November of 1997 and therefore less than one year from the date hereof, that I first became aware of the negligence which is the subject of this claim.

I have permanently lost the use of two of my toes, and those toes may need to be amputated at some future date. The State of Tennessee is liable to me for damages in this matter, pursuant to T.C.A. Sec. 9-8-307(a)(1)(E), imposing liability for the negligent care, custody and control of persons. I claim actual damages in this matter in the amount of $300,000.00 and request that the State compensate me in this amount.

`State employee' means any person who is a state official, including members of the general assembly and legislative officials elected by the general assembly, or any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal funds, but does not include any person employed on a contractual or percentage basis.

Article I, section 17 of the Tennessee Constitution provides that " uits may be brought against the State in such manner and in such courts as the Legislature may by law direct." This constitutional provision reflects sovereign immunity, the notion that a sovereign governmental entity cannot be sued in its own courts without its consent. See State v. Cook, 171 Tenn. 605, 609, 106 S.W.2d 858, 860 (1937); Tenn.Code Ann. § 20-13-102 ("No court in the state shall have any power, jurisdiction, or authority to entertain an

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