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.
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