Three families have filed a lawsuit against the state of Tennessee and the Department of Children and Children Services (DCS), alleging that young people with disabilities were subjected to unconstitutional abuse and “savage violence” in juvenile detention centers.
The wide-ranging 114-page lawsuit filed in federal court on Wednesday alleges multiple instances of violence against children at the hands of staff and other residents at the facility, including one instance in which staff members pepper-sprayed a shackled boy and denied him medical care for 12 hours.
The plaintiffs, who also name Tennessee Education Commissioner Lizette Reynolds in the lawsuit, say state officials are denying basic services like education and mental health care to youths in Tennessee custody. The lawsuit alleges that at least one child was held in solitary confinement for 23 hours a day and was not allowed to attend school. Instead, the plaintiffs claim, officials slipped homework packets under the child’s door.
“Every child has the right to an appropriate education and health care. Every child has the right to feel safe,” Jasmine Miller, an attorney handling the case for the Youth Law Center, said in a news release. “Across the country, we’re seeing real progress in juvenile justice reform and how our most vulnerable youth are treated once they enter the system. Unfortunately, we’re not seeing progress in Tennessee.”
The lawsuit alleges that the defendants do not screen detained youths for disabilities, do not provide appropriate treatment or treatment, and instead punish the children for the symptoms of their disabilities “using violent and abusive tactics, including solitary confinement, pepper spray, and peer violence as behavioral management techniques.”
Disability Rights Tennessee, a nonprofit legal services organization, is a plaintiff in the case and is part of the legal team suing the state. The children, current or former in DCS custody, identified by pseudonyms in the lawsuit, are seeking to make the case a class action on behalf of all young people with disabilities who are in DCS custody or at “imminent risk.” A judge must decide whether to certify the class action.
“The state needs to recognize and address the disabilities and trauma of the young people it serves, not ignore them, and provide a safe environment,” Jack Derryberry, legal director for the Tennessee Disability Rights Coalition, said in a news release. “We have tried our hardest to change these systems over the past two years, but we have not seen success. At this point, we have no choice but to ask the courts to step in to protect those who cannot protect themselves.”
The Tennessee Attorney General’s Office, which is representing the state in the lawsuit, did not respond to a request for comment sent just before noon Wednesday.
Evan Meealins is a justice reporter for The Tennessean. Contact him at [email protected] or follow him on X (formerly Twitter). EvanmyOnerinse.