https://wpln.org/post/rutherford-county-to-pay-up-as-much-as-11m-for-arrest-and-jailing-of-children/
June 16, 2021
A suit against Rutherford County alleged that it violated the rights of children by taking them into custody.Brian Turnervia Flickr
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Rutherford County has agreed to pay up to $11 million to settle a large, class-action lawsuit over its policies for arresting and detaining children. The settlement, filed in federal court on Wednesday, is the largest in a string of lawsuits surrounding the countys juvenile court.
The lawsuit has been five years in the making and represents a class of more than 1,000 children. It alleged that Rutherford County, for more than a decade, was violating the rights of kids by arresting them illegally and placing them in juvenile detention without sufficient grounds.
In 2017, a federal judge sided with the plaintiffs and granted a preliminary injunction, ordering the county to stop its policy for detaining its children. In his order, the judge wrote that Rutherford Countys system for locking up children departs drastically from ordinary standards and that children in Rutherford County are suffering irreparable harm every day.
The roots of the aggressive policy of arresting and detaining children, outlined in the lawsuits, can be traced back to at least 2003, in a memo written by the countys juvenile judge, Donna Scott Davenport. The memo had been interpreted to mean that after a summons is issued for a child, law enforcement must always make a physical arrest and take that child to the countys detention center. At the detention center, a separate policy, also outlined in the lawsuit, allowed children to be detained despite not having the legal grounds to do so.