Wayne Burgess, jailed 24 years on overturned murder conviction, sues Pulaski PD, Giles County

Wayne Burgess, a man wrongfully imprisoned 24 years on the testimony of a disgraced medical examiner, has filed a lawsuit against the county, city and police officers that investigated and prosecuted him.

Burgess, 59, was released from prison in May last year after a Giles County judge overturned the first-degree murder conviction he received in 1999, which was reached in large part due to the flawed testimony of former medical examiner Charles Harlan. Judge David L. Allen found that new scientific evidence showed Burgess was innocent of the 1997 death of his then-girlfriend's daughter.

On April 12, Burgess filed a federal lawsuit against Giles County, the Pulaski Police Department and Joel Robison and John Dickey, the two officers he says illegally coerced a confession from him. Dickey is now the police chief of Pulaski.

"As a result of this wrongful conviction Wayne spent an unimaginable 24 years in prison, unjustly plucked from society in the prime of his life," the lawsuit states.

Burgess is seeking compensation from the defendants in an amount to be determined at trial, but he asks that the amount exceed the limits of lower courts. Under Tennessee state law, monetary damages paid by a city or county government are generally capped at $300,000.

People who are exonerated or pardoned can also submit a claim to the Tennessee Department of Treasury, although state law caps the amount paid out at $1 million.

Burgess has not yet filed a claim, treasury department communications director Shelli King said. According to state law, Burgess has until one year after "the occurrence of the incident giving rise to the claim" to file his claim. It's unclear if the incident giving rise to the claim would be his conviction being overturned, which occurred on April 13, 2023, him being released from prison on May 23, 2023, the state choosing not to prosecute him again, which happened on July 25, 2023, according to an employee at the Giles County Circuit Court Clerk's office, or some other event. Burgess' lawyers did not respond to emails or voicemails asking for clarification on this issue or seeking comment about the lawsuit.

On Aug. 8, 1997, 16-month-old Nakeavia Rivers was rushed to the hospital minutes after she began showing signs of sickness. She died the same day from significant internal bleeding caused by a liver injury.

Police questioned Burgess, who was dating the child's mother, and he maintained his innocence. But after a second two-hour interview five days after the child's death, during which officers threatened Burgess, physically stopped him from leaving the interrogation and "indicated (he) could not afford counsel and denied him counsel," Burgess signed a written confession, according to the lawsuit.

Giles County chose Harlan to perform the child's autopsy, despite his being suspended and terminated from other positions in the state, including as Tennessee's chief medical examiner, based on critical problems with his work. The lawsuit describes Harlan as "the scum Defendants used to shore up Mr. Burgess’ coerced confession and continue to maliciously prosecute him."

In September 2022, lawyers with the Tennessee Innocence Project filed a petition to review his case. Several medical professionals testified that Harlan's theory of the case, used to convict Burgess, was scientifically impossible.

Harlan lost his medical license for good in 2005. He died in 2013.

Giles County Executive Graham Stowe said the county does not yet have a response because it was only served with the lawsuit on Monday.

A lieutenant at the Pulaski Police Department did not return The Tennessean's voicemail left Monday seeking comment, and the person who answered the phone said that Dickey was not available for comment. A voicemail was left Monday with a phone number believed to belong to Robison found through an online database.

Evan Mealins is the justice reporter for The Tennessean. Contact him at emealins@gannett.com or follow him on X, formerly known as Twitter, @EvanMealins.

This article originally appeared on Nashville Tennessean: Wayne Burgess, conviction overturned, sues Pulaski police, Giles County