March 12, 2009- Nashville, TN  Disability Law & Advocacy Center of Tennessee (DLAC) has filed a lawsuit in federal district court on behalf of C.C., a seventeen-year-old male with mental illness. This lawsuit alleges that C.C. was physically assaulted in March 2008 by two facility staff members while a resident of Wilder Youth Development Center (“Wilder”). Wilder is a state-owned and operated juvenile detention facility located in Somerville, Tennessee. The State of Tennessee, the Tennessee Department of Children’s Services (DCS) and related others are named as Defendants. 

 

This lawsuit came about after C.C.’s mother contacted DLAC regarding the incident at Wilder which resulted in multiple physical injuries and lasting emotional distress. Today’s court filing asserts not only that C.C. was beaten by Wilder employees but also that Wilder delayed in providing medical care to C.C.   The claim alleges that because C.C. was beaten due to disability-related behavior, Defendants have violated the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, as well as the 8^th and 14^th Amendments of the United States Constitution. 

 

The lawsuit asks for the court toorder Defendants to take all steps necessary to ensure that individuals with disabilities are not subjected to discrimination and physical violence at state juvenile detention facilities in the future.  DLAC’s Managing Attorney, Martha M. Lafferty stated, “There is no excuse for physically abusing a child with mental illness. It is especially disturbing that our client was beaten in a facility operated by Tennessee’s Department of Children’s services. We are hopeful that this lawsuit will help protect other children who are in the state’s juvenile justice system.” 

 

DLAC is a private nonprofit agency which has been designated as the protection and advocacy agency for Tennessee. In this capacity, DLAC helps enforce the human and civil rights of individuals with disabilities.   

 

People with disabilities who have experienced similar problems in institutional settings or other disability related issues can contact DLAC at 1-800-342-1660 (Voice) or 1-888-852-2852 (TTY).