Update on Class Action Lawsuit Against the State of Tennessee
As we close out the year, we wanted to bring you up to date on recent activity in the Disability Rights Tennessee lawsuit which is pending in Federal Court in the Middle District of Tennessee against the State of Tennessee, Tennessee Department of Children’s Services (“DCS”), the Tennessee Dept. of Education (“TDOE”) and others. The case alleges the defendants violate the rights of children with disabilities in the juvenile justice system by housing them in prison-like facilities, not providing them with legally required rehabilitation and educational services and subjecting them to violence and abuse.
Since the case was filed this past June, defendants filed motions to dismiss, which were mooted by the plaintiff’s amended complaint that was filed on November 22, 2024. Defendants will refile motions to dismiss in January. The initial case management conference with the court was held recently, which involved discussing the case schedule and deadlines.
In the amended complaint, John Doe 3 was added as a plaintiff. The main changes to the allegations since the original complaint was filed in June are allegations specific to John Doe 3, updating allegations with what has happened to the other Doe plaintiffs since we filed the initial complaint, and bolstering plaintiffs’ existing systemic allegations, including allegations about facilities confining youth to cells for 23 hours a day.