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Disability Rights TN considers litigation as a final resort in improving conditions at DCS


A class-action lawsuit has been filed against the Tennessee Department of Children’s Services (DCS) and its commissioner by Disability Rights Tennessee and disabled youth who were in DCS custody. The lawsuit alleges abuse and neglect of children with disabilities in the juvenile justice system, including incidents like staff pepper-spraying a child during an autistic meltdown and putting a boy with depression in solitary confinement for six months.

Sherry Wilds, Assistant Legal Director of Disability Rights Tennessee, stated that the lawsuit is a step towards bringing about change and that previous advocacy strategies had failed to address the issues. Despite attempts to raise alarms and provide recommendations for improvements, nothing changed, leading to the decision to file the lawsuit.

While Wilds did not confirm any other allegations of abuse within DCS, she emphasized that the current lawsuit focuses on the serious concerns outlined in the complaint. The legal team is waiting for a response from the state and DCS, with plans to move into the discovery phase to gather more information for the lawsuit.

The Governor’s office, DCS, and the Attorney General’s office have acknowledged the case but did not provide further details. As the lawsuit progresses, Disability Rights Tennessee hopes to bring attention to the mistreatment of vulnerable children and work towards obtaining justice for those affected.

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