A federal judge has ruled that Tennessee Department of Children’s Services (DCS) employees can be held liable for their involvement in the removal of five children from their parents following a traffic stop in February in which marijuana was discovered.
The family, originally from Georgia, was stopped by the Tennessee Highway Patrol for what was initially described as “dark tint and traveling in the left lane while not actively passing.” Officers claimed to smell marijuana during the stop, leading to a search that uncovered less than five grams of marijuana. Although the offense is a misdemeanor that usually results in a citation and fine, police took the unusual step of removing the children from their parents.
Judge Eli Richardson’s ruling allows the parents’ civil rights lawsuit to proceed, denying DCS workers’ claims of qualified immunity. The lawsuit alleges that the children’s removal was unjustified and traumatic, and that the DCS employees involved acted without sufficient evidence of danger to the children. The parents assert that the state workers acted on racial bias and stereotypes.
The children, ranging in age from four months to seven years, were separated from their parents for months. During this period, the parents were subjected to drug tests, which they passed. The couple was eventually reunited with their children, but they argue that the entire ordeal was a violation of their constitutional rights.
“These public officials illegally tore apart and terrorized (Bianca) Clayborne’s family. They acted outrageously and unlawfully. Their actions caused severe emotional trauma to Clayborne and each of her five children,” says the lawsuit brought by Bianca Clayborne.
The case now moves forward to trial, with the parents seeking justice and policy changes to prevent such incidents from happening to others.
A spokesperson for DCS declined to comment, saying it’s their policy to not make public remarks on pending litigation.
