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IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF TENNESSEE
TRACEY MARIE GARTH, )

)
PLAINTIFFS, )
)
vs. )
)
BONNIE HOMMRICH, )
INDIVIDUALLY AND IN HER OFFICIAL )
CAPACITY; )
)
EMILY KIRBY, )
CAPACITY; )
)
SARA FISCHER, )
CAPACITY; ) DOCKET NO. _______________
) JURY DEMANDED
KATHERINE NABORS, )
CAPACITY; )
)
SARAH GREY MCCROSKEY, )
CAPACITY; )
)
FOUR UNKNOWN DCS EMPLOYEES, )
INDIVIDUALLY AND IN THEIR OFFICIAL )
CAPACITY; )
)
CITY OF FRANKLIN, TENNESSEE; )
)
JAMES PHILLIPS, )
INDIVIDUALLY AND IN HIS OFFICIAL )
CAPACITY AS FRANKLIN POLICE OFFICER; )
)
CHARLIE RICHARDS, )
)
ADAM COWEN, )
JESUS CORENO, )
Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 1 of 38 PageID #: 1

)
FOUR UNKNOWN CITY OF FRANKLIN )
EMPLOYEES, INDIVIDUALLY AND IN THEIR )
OFFICIAL CAPACITIES; )
)
WILLIAMSON COUNTY, TENNESSEE; )
)
JEFF LONG, )
CAPACIY AS SHERIFF; )
)
EVAN BOHN, )
CAPACITY AS DEPUTY SHERIFF; )
)
BRANDON ROWE, )
)
AMBER PATER, )
)
CASSIE SKINNER, )
)
DANIELLE TELKAMP, )
)
FOUR UNKNOWN WILLIAMSON COUNTY )
EMPLOYEES, INDIVIDUALLY AND IN THEIR )
OFFICIAL CAPACITIES; )
)
)
DEFENDANTS. )
COMPLAINT FOR DAMAGES, DECLARATORY AND INJUNCTIVE RELIEF

______________________________________________________________________
COMES NOW Plaintiff, Tracy Marie Garth on her own behalf and as next of
friend for ACB, a minor child and CAB, a minor child, by and through counsel, and files
this Complaint for Damages and other relief (hereinafter Complaint) and states:
I. INTRODUCTION

This action arises under the First, Fourth, Fifth, Eighth and Fourteenth
Amendments to the United States Constitution; under federal law, specifically, 42
U.S.C. 1983 and 1988; under the Tennessee governmental tort liability statutes;
under Tenn. Code Ann. 29-20-101, et seq., and under Tennessee common law for
custodial interference, intentional infliction of emotional distress, negligence, assault,
abuse of process and false imprisonment.
While the individual Defendants were acting in the scope of their employment
and under color of law, they unlawfully denied the Plaintiffs due process and other
Constitutional rights and committed various torts causing Plaintiffs to suffer physical,
mental, emotional and financial injuries.
This action is also brought against the City of Franklin, the County of Williamson
and Bonnie Hommrich Commissioner of the Tennessee Department of Childrens
Services, for their individual failures, including but not limited to, failures to properly hire,
train and supervise the individual Defendants, failure to prevent, and their acquiescence
in and/or ratification of the unlawful conduct committed by the Individual Defendants.
II. PARTIES
1. Plaintiff Tracy Marie Garth is an adult resident, citizen and domiciliary of
Morgan County, Alabama.
2. Plaintiff ACB is a minor child born in 2014 and out of wedlock to Tracy
Garth in Morgan County, Alabama and a citizen, resident and domiciliary of Alabama.
3. Plaintiff CAB is a minor child born in 2015 and out of wedlock to Tracy
Garth in Morgan County, Alabama and a citizen, resident and domiciliary of Alabama.

4. At all times relevant hereto, Defendant Bonnie Hommrich was
Commissioner of the Tennessee Department of Childrens Services. Defendant
Hommrich can be found at UBS Tower, 315 Deaderick, 10th Floor, Nashville, TN 37243.
Defendant Hommrich is being sued in her official and individual capacities for negligent
hiring, failure to train, and supervise the individual DCS employee defendants and for
actions and inactions taken by her in fostering and acquiescing to agency employee
non-compliance with the Bryan A. settlement agreement, DCS practices and customs,
and policies that violate parents and childrens constitutional rights including but not
limited to the right to due process, the right not to be removed from their home, the right
to family association, and deliberate indifference to same.
5. At all times relevant hereto, Emily Kirby, Sarah Fischer, Katherine Nabors
and Sarah Grey McCroskey were employees of the Tennessee Department of
Childrens Services. Defendant Emily Kirby in her capacity as Child Protective Services
Investigator and individually; Sarah Fischer in her capacity as a Case Manager and
individually; Katherine Nabors, in her capacity as a Supervisor and individually; and
Sarah Grey McCroskey in her capacity as an Assistant Attorney General and
individually. They can be found at 1810 Columbia Avenue, Suite 18, Franklin, TN
37064.
6. Defendant City of Franklin is a municipal entity, located in Williamson
County, Tennessee, recognized by the State of Tennessee as a properly organized and
legal municipal entity and can be served with process through its city attorney, Shauna
R. Billingsly at her office located at 109 3rd Avenue South, Franklin, TN 37064.

7. At all times relevant hereto, Defendants James Phillips, Charlie Richards
Adam Cowen and Jesus Coreno were officers and employees of the City of Franklin.
Defendant Cowen can be found at 901 Columbia Avenue, Franklin, Tennessee 37064
for service of process purposes. Defendants Phillips, Richards, Cowen and Coreno are
being sued in both their official capacities as officers of the Franklin Police Department
and in their individual capacities for actions or inactions taken by them individually.
8. Defendant Williamson County, Tennessee is a governmental entity as
defined by the Tennessee Governmental Tort Liability Act, and can be served through
its county attorney Jeffrey Dean Mosley. He can be found at 306 Public Square,
Franklin, TN 37064. .
9. At all times relevant hereto, Defendant Jeff Long was the duly elected
Sheriff of Williamson County, charged with lawfully operating the Williamson County Jail
and hiring, training and supervising his deputies and overseeing the jails policies,
procedures, and customs. He can be found at 408 Century Court, Franklin, TN 37064.
Defendant Jeff Long is being sued in his official capacity as Williamson County Sheriff
and his individual capacity.
10. At all times relevant hereto, Defendants Evan Bohn, Brandon Rowe, Amber
Pater, Cassie Skinner and Daniele Telkamp were deputy sheriffs and employees of
Williamson County, Tennessee. They can be found at 408 Century Court, Franklin, TN
37064. Defendants Bohn, Rowe, Pater, Skinner and Telkamp are being sued in both
their official capacities as sheriffs deputies and in their individual capacities for actions
or inactions taken by them individually.

III. JURISDICTION AND VENUE
11. The acts and omissions described in the body of this Complaint all
occurred in Franklin, Williamson County, Tennessee, and venue is appropriate in this
judicial district.
12. This Honorable Court has jurisdiction over this matter as it involves claims
under 42 U.S.C. 1983 and 1988; and supplemental jurisdiction pursuant to U.S. Code
1367 for claims under the Tennessee governmental tort liability statutes, under Tenn.
Code Ann. 29-20-101, et seq., and under Tennessee common law and other
applicable laws.
13. This court has jurisdiction over this matter as it involves a claim or
controversy exceeding $75,000.00 and diversity of citizenship pursuant to 28 U.S. Code
1332.
IV. FACTUAL BACKGROUD
14. Shortly after midnight on April 25, 2016, Tracy Marie Garth pulled into a
Shell service station at 1316 Murfreesboro Road, Franklin, TN 37064 in Williamson
County and parked at a gas pump. She had travelled from her home in Morgan County,
Alabama with her two youngest children, ACB (25 months old) and CAB (8 months old)
with the intent to spend the next day shopping in the Nashville, TN area.1
15. Upon attempting to pump gas at the fuel station, Plaintiff was approached
by Sgt. James Phillips of the Franklin Police Department who accused Plaintiff of

1
Ms. Garth has two older children JE and TE who were on court ordered visitation with their father when these
events occurred.

passing a dump truck, striking an orange traffic cone, failing to stop for law enforcement,
and speeding on I-65 North.
16. When approached at the Shell gas station, Ms. Garth was outside of her
vehicle, and reportedly holding her youngest son, CAB, in her arms. The older child,
ACB, was reported to be in his car seat in the rear passenger seat of Ms. Garths car.
17. After a brief wait for the arrival of Franklin Police Officer Jesus Coreno, Sgt.
Phillips detained Ms. Garth in his patrol vehicle.
18. While Ms. Garth was detained in Sgt. Phillips vehicle, Officer Jesus
Coreno supervised the children and is seen on video allowing toddler ACB, to play
around the gas pumps and in the station parking lot.
19. Franklin Police Officer Adam Cohen arrived on the scene and radioed in
Ms. Garths identification, verifying that she possessed a valid Alabama drivers license,
had no criminal background and no outstanding warrants.
20. Upon information and belief, Franklin Police Sergeant Charlie Richards
arrived on the scene last. He questioned Ms. Garth regarding the availability of
someone to pick up her children. She stated that she and her children were from
Alabama, didnt know anyone in Tennessee, and no one was available to come get the
children at that time.
21. Sgt. Richards threatened to call DCS to pick up ACB and CAB if no one
else could pick them up from the gas station. Ms. Garth asked, Who is DCS?. To
which Sgt. Richards replied, The Department of Childrens Services. Having never
interacted with a children services agency in any state, not having anyone in Tennessee
to pick up the children, and believing that her detention would be brief due to Sgt.

Phillips had only accused her at that point of traffic ticket offenses, Ms. Garth
acquiesced.
22. When Sgt. Phillips placed the patrol car in gear to leave the Shell Station,
Ms. Garth asked if her purse could be retrieved from her car, and brought with them.
Sgt. Phillips refused and drove out of the gas station lot.
23. Ms. Garths purse contained her drivers license, five-hundred dollars
($500.00) cash, and debit/credit cards.
24. Having identification, cash and debit/credit cards at the jail would have
facilitated Ms. Garth contracting with a bail bondsman to post bond once booked and
leave jail to retrieve her children.
25. When Sgt. Phillips and Ms. Garth arrived at the Williamson County Jail
(shortly before 1:00 a.m.), Ms. Garth requested to speak to an attorney. That request
was ignored.
26. Sgt. Phillips described Ms. Garth as cooperative when she was in his
vehicle and being transported to the jail.
27. Upon booking at the Williamson County Jail, Ms. Garth was denied her
statutory phone call pursuant to T.C.A. 40-7-106(b)2.
28. Ms. Garth was not afforded a phone call until she had been in the
Williamson County jail for fourteen (14) days.3

2
Which states: No person under arrest by any officer or private citizen shall be named in any book, ledger or any
other record until after the person has successfully completed a telephone call to an attorney, relative, minister or
any other person that the person shall choose, without undue delay. One (1) hour shall constitute a reasonable
time without undue delay.
3
A friend came to Williamson County, Tennessee from Alabama to post Ms. Garths bond within hours of her being
allowed that first phone call.

29. Given that Ms. Garth was denied her right to place a phone call as
prescribed by T.C.A. 40-7-106(b), Ms. Garth was unable to post bond in a reasonable
time and after several hours in the care of the Franklin Police, her children were taken
into DCS custody and placed in foster care by DCS Caseworker Sarah Fischer on the
morning of April 25, 2016.
30. Ms. Garth was the primary residential parent of her two older children that
remained in Alabama; however, due to the DCS Caseworker Sarah Fischer initiating the
process to have Plaintiffs two minor children accompanying her on the trip to Tennesse,
the older children were removed from her custody and placed in custody of their father.
31. Additionally, due to not being able to notify the bank where she was
employed for more than 12 years that she would not return to work as originally
scheduled, Ms. Garth was fired and suffered lost income, benefits and other injuries.
32. Sgt. Phillips obtained arrest warrants for: three (3) counts of Reckless
Endangerment with a Deadly Weapon4, two (2) counts of Evading Arrest with a Motor
Vehicle5, Other Unlisted Offense6, Speeding, Improper Passing, Traffic Control Device
Violation, and two (2) counts of Violation of Child Restraint System.7
33. On the Class C Misdemeanor offenses, Ms. Garth was released on her
own recognizance. The Unknown Offense, a Class A Misdemeanor bond was set at

4
A Tennessee Class D Felony, with the deadly weapon being Ms. Garths car; two of the three Felony Reckless
Endangerment charges were for violation of the child restraint law while driving 70-mph in a 60-mph zone both
ticket-able C misdemeanor offenses.
5
A Tennessee Class E Felony
6
Noted as a Class A Misdemeanor
7
All Class C Misdemeanors

$1,000.00, the Evading Arrest charges were set at $2,500.00 each, and the Reckless
Endangerment charges were set at $1,000.00 each, for a total bond of $11,000.00.
34. A Williamson County Grand Jury would later return indictments for: one (1)
count of Reckless Endangerment with a Deadly Weapon, two (2) counts of Evading
Arrest While Operating a Motor Vehicle, two (2) counts of Travel on a Closed Road,
Speeding, Violation of No Passing Zone, Obedience to Required Traffic Control Device,
two (2) counts of Violation of the Child Restraint Law. Ms. Garths indicted criminal
charges are pending in Williamson County Circuit Criminal Court.
35. Between noon on April 25, 2016 and April 27, 2016, while held at the
Williamson County Jail, Plaintiff Garth was threatened with tasing, harassed,
intimidated, strip searched and deprived of her by Williamson County jail employees.
36. Based on reports, when she was booked into the jail on April 25, 2016, Ms.
Garths acquiesced to removal of her hair weave by jail personnel and the cutting of her
nails were cut without incident. Reportedly, when she asked by jail personnel not to
remove her body piercings due to her fear of infection and belief she would shortly
make bond and leave the jail, she was placed in isolated segregation.
37. On April 27, 2016, while being held in the Williamson County Jail, Ms.
Garth was subjected to violations of her Fourth and Eighth Amendment rights when jail
employees used a handheld video recording device to film themselves cutting the jail
uniform and underwear from Ms. Garths body while restraining her in her cell, leaving
her naked and exposed to the male guards. She was then instructed to put on a
restraint garment left by deputies in the cell. The participating employees included
three female employees (Deputy Amber Pater, Deputy Cassie Skinner and Deputy

Danielle Telkamp) and two male employees (Deputy Seth Schilling and Deputy Evan
Bohn). Seth Schilling recorded the incident on a hand held camera and Evan Bohn
pointed a taser at Ms. Garth while the three female employees alternately restrained her
and removed all her clothing including underwear. Video of this incident was burned to
disc, saved by the Williamson County Sheriffs Department, and disseminated to other
Defendants.
38. Williamson County Jail officials did not report or allege any out of the
ordinary conduct on the part of Ms. Garth after this time.
39. Ms. Garth was not seen or treated in jail by medical professionals
immediately before or after the alleged incident leading to her being required to wear
the restraint garment on April 27, 2016.
40. Officer Adam Cohen transported ACB and CAB from the scene of Ms.
Garths arrest after Sgt. Phillips drove her away. Only the children and their car seats
were taken to the station. Their diaper bags containing formula, food, diapers, medical
insurance cards and other necessary items were left in Ms. Garths car, which was
towed and impounded.
41. DCS case notes indicate that Investigator Emily Kirby received notice
around 1:45 a.m. that 2 unsupervised children were with the Franklin Police. Around
2:30 a.m., after conferring with the other DCS employees, Investigator Kirby was
assigned to go pick the children up from the police station and transport them to the
Williamson County DCS office. She reportedly arrived at the Franklin police station
shortly after 3:00 a.m.

42. Before Investigator Kirby arrived, under the supervision and care of
Franklin Police Officers Cohen and Coreno, the minor Plaintiff ACB suffered disfiguring
burns to his mouth, chin and chest. The injuries ACB sustained while at the police
station were purported to be from hot water.
43. When DCS Investigator Kirby arrived at the police station, she spoke with
Sgt. Charlie Richards and Officer Jesus Coreno who were waiting outside the station

with ACB for emergency responders. She was informed that ACB had been burned
while at the police station and needed emergency care.8
44. Investigator Kirby elected to take CAB to the Franklin DCS office and
allowed the same police officers who were either negligently, intentionally or recklessly
responsible for ACBs injuries to oversee his care and transport him to Vanderbilt
Childrens Hospital.
45. Officer Coreno was assigned to travel to Vanderbilt Childrens Hospital with
ACB and oversee his care.
46. While at Vanderbilt, as an explanation for ACBs injuries, Officer Coreno
reportedly told hospital officials that ACBs mother was under arrest and DCS was
already involved in the case. Vanderbilt authorities treated ACB and released him to
Officer Coreno.
47. Based on reports, Officer Coreno transported ACB to the Williamson
County DCS office around.
48. No employee or official from DCS accompanied or met ACB at the hospital.
DCS never investigated the officers, Franklin Police Department or circumstances
surrounding how ACBs injuries occurred.
49. During her detention at the Williamson County Jail, Ms. Garth was not
notified by any official or employee of the Franklin Police Department, Williamson
County Sheriffs Department, or the Tennessee Department of Childrens Services that
ACB had been injured.

8
This photo was taken approximately one month after CAB received the burn by Ms. Garth at one of her
supervised visits.

50. Investigator Kirby left CAB with other DCS employees and traveled to the
jail shortly after 8 a.m. to interview Ms. Garth.
51. Reportedly, DCS employees were able to identify and contact some of the
Plaintiffs relatives and friends through social media the morning of April 25, 2016 and
Investigator Kirby was aware of this before she left the DCS office to visit Ms. Garth at
the Williamson County Jail shortly after 8 a.m.
52. Despite being aware of ACBs injuries before she went to the jail on April
25th, Investigator Kirby did not inform Ms. Garth that ACB had been seriously injured or
that he had been treated at a local hospital.9 No attempt was made to gather ACBs
health insurance or medical history information to facilitate proper treatment and care or
to allow his mother to comfort him and oversee his care.
53. To date, no reasonable explanation of ACBs burns has been given, and
the Individual Defendants employed by the City of Franklin along with the Individual
Defendants employed by the Department of Childrens Services, acting under color of
law, interfered with Ms. Garths constitutional right as a parent to direct the upbringing of
her child by seeking appropriate medical attention and follow up care for him, as well as
ACBs right to the comfort, companionship, and care of his mother in a time of great
physical and emotional anguish.
54. DCS Investigator Emily Kirby interviewed Ms. Garth at the Williamson
County Jail sometime after 8:00 a.m. She assured Ms. Garth that she would be able to
pick up her children when she was released from jail. She asked Ms. Garth for the

9
Ms. Garth was first officially notified of ACBs injuries by Sarah Fischer with the Department of Childrens Services
when she went to the Williamson County DCS office to retrieve her children the morning after she posted bond
and was released from jail (May 11, 2016).

names of friends and/or family members whom she would allow to retrieve her children
from DCS in the meantime.
55. According to Investigator Kirbys notes, Ms. Garth gave her the names of
ten (10) family members she was willing to release her children to. Kirby did not inform
Ms. Garth that DCS employees had identified and communicated with some of her
friends and family members through social media.
56. Investigator Kirby would later sign a Petition for Temporary Legal Custody10
with a supporting reasonable efforts affidavit, which was filed with Williamson County
Juvenile Court on April 27, 2016.
57. DCSs written policies and procedures outline non-custodial interventions
(referred to as reasonable efforts) which may be taken to assist families and children
however the individual DCS defendant did not undertake any.
58. In the petition Kirby asserted that it was necessary for DCS to protect CAB
and ACB because their mother was incarcerated in Williamson County, Tennessee for
Felony Evading, Child Endangerment and other traffic violations.
59. Kirby noted that the mother and all relatives were from Alabama.
60. Kirby stated that reasonable efforts to keep the children in their mothers
custody were not made due to the circumstances.
61. The petition signed by Kirby, states that ACB and CAB were dependent
and neglected, due to an allegation of

10
In Tennessee, the process to remove children from their homes is initiated with a Petition for a Temporary
Protective Custody Order pursuant to T.C.A. 37-1-128, et seq. This petition is generally submitted to the Juvenile
Court judge ex parte, who may decide to issue a Protective Custody Order placing the child(ren) with DCS, family
members or other appropriate adults. Prior to requesting that children be removed from their parents, T.C.A. 37-
1-166 requires DCS employees to make reasonable efforts to help keep children in the home with family and
out of foster care.

lack of supervision of the alleged child victimsby their mother, Tracy
Garth.
62. The petition further states that according to law enforcement, Plaintiff Garth
was seen:
speeding through a construction site knocking down construction cones

and several other traffic violations. Ms. Garth drove off from police then
stopped at a gas station where police followed after her. While pulled over
Ms. Garth ran off several times from police. Ms. Garth was placed under
arrest for several traffic violations. It was observed that Ms. Garth had two
small children in her sonsin her care. When Ms. Garth was asked for a
name of someone to pick up the children while she was escorted to jail,
Ms. Garth was uncooperative and stated that she resides in Decatur, AL
and has no one to pick up her children.
63. The petition does not mention that ACB was injured while in the care of
Franklin Police officers.
64. The petition further states that, When the topic of foster care came up, Ms.
Garth did not seem to understand what was going on and stated that she was going to
bail out of jail and pick her children up and leave.
65. The petition further states that, The childrens Family Service Worker,
Sara Fischer, attempted to go to the jail and speak with Ms. Garth on April 26, 2016, but
she was told that Ms. Garth was not mentally stable enough to have a visitor.
66. Among other things the individual defendant DCS employee requested:
That at a final hearing of this matter, the Court find the above named children
dependent and neglected with the meaning of the law; that it is contrary to the
childrens best interest to remain in the home; that reasonable efforts were made
to prevent removal of the children or that reasonable efforts were not required,
and that there is no less drastic alternative to removal.

67. The petitioner also alleged that Tennessee courts had jurisdiction to make
custody determinations regarding the children.11
68. An Ex Parte Protective Custody Order prepared by DCS attorney Sarah
Grey McCroskey and signed by Williamson Juvenile Court Judge Sharon Guffee on
April 25, 201612 states that Ms. Garth was, driving over 100 miles per hour to evade
police with the children in the car unrestrained.
69. The April 25, 2016 arrest warrant for Speeding obtained by Sgt. Phillips
alleges that Ms. Garth was driving 70-mph in a 60-mph zone.
70. Upon being released from the hospital, and after family members had been
identified in Alabama, DCS employees placed ACB and CAB in Tennessee foster care
without notifying, attempting to place them with, or transfer them to Alabamas DCS
equivalent (The Alabama Department of Human Resources), or release them to any
family member identified by Ms. Garth or contacted by DCS employees the morning of
April 25, 2016.
71. In September 2016, while in foster care in Williamson County, Tennessee,
CAB fell down a flight of stairs, causing him harm and emotional distress.
72. Ms. Garth was not notified of this event in a timely manner and was not
involved in the CABs medical treatment or care.

11
This was alleged despite a provision of The Uniform Child Custody and Enforcement Act adopted by Tennessee
and 48 other states specifically stating at T.C.A. 36-6-219 that Tennessee must be the home state of the children or
the children must have lived in Tennessee a minimum of six (6) months preceding filing of the action before
Tennessee courts have jurisdiction to determine custody.
12
Interestingly, the petition and supporting affidavit that led to the issuance of a Protective Custody Order were
filed two days after the Protective Custody Order was issued by Juvenile Court Judge Sharon Guffie

73. Ms. Garth would later find out that ACB and CAB were removed to a new
foster home and that the first foster home was placed under an SIU investigation.
74. Ms. Garth was never provided information regarding the substance of the
allegations, the scope of the SIU investigation, or how that investigation may have
involved ACB and CAB.
75. Ms. Garth bonded out of jail on May 10, 2016 after the DCS offices had
closed for the day.
76. Upon arriving at Williamson County DCS offices on May 11, 2016, Ms.
Garth was given and passed a multi-substance drug test.
77. Ms. Garth has passed every drug test she has been administered to date.
78. Ms. Garth was then informed that her children were in foster care and that
she could not just pick them up despite being released from jail.
79. Ms. Garth was directed to participate in a Child and Family Team Meeting
on May 12, 2016, where a Family Permanency Plan was drafted by DCS officials. The
Family Permanency Plan contained seventeen (17) pages of requirements to be met
before ACB and CAB would be returned to their family.
80. Despite living in Alabama, Ms. Garth was required to travel at her own
expense during business hours to Tennessee to complete most of the required tasks
and to attend frequent court hearings.
81. Ms. Garth was also required to maintain full-time employment and a stable
place to live, which despite the obstacles, she was able to do.
82. Additionally, she was required to resolve her pending legal charges
before she could regain custody of her children, despite having no criminal history,

being eligible for diversion under Tennessee Law and not being in serious jeopardy of
spending any significant time period incarcerated.
83. Despite being ACB and CABs biological mother (with whom they had lived
continuously from birth) and their only legal guardian under Alabama law, DCS officials
only provided Ms. Garth eight (8) hours of supervised visitation per month with her
children.
84. Ms. Garths visitation was to be exercised Monday-Friday between 8:00
a.m. 5:00 p.m.
85. Ms. Garth was not allowed to direct ACB and CABs medical care, was not
allowed to take them to be seen by their regular pediatrician and was penalized by DCS
for not cooperating in placing the children on Tennessees state Medicaid insurance
(TennCare)13.
86. Due to the childrens numerous injuries while in the care of various
Tennessee officials, Ms. Garth refused to sign a blanket liability waiver allowing DCS
contractors to transport her children.
87. Ms. Garth insisted that she only sign a limited waiver prior to each visit
once those visits were scheduled and confirmed.
88. In retaliation, DCS Caseworker Sarah Fischer effectively suspended her
visitation and stated this was evidence of Ms. Garth being difficult and not fit to have her
children returned to her care.
89. The putative father of CAB and ACB is a resident of Alabama.

13
Both ACB and CAB were insured under Alabama state Medicaid ( through Obamacare) and Ms. Garth had
offered their health insurance cards to DCS and considered the request to place the children on TennCare to be an
act of fraud and public waste that she did not want to participate in.

90. Since the birth of each child, Ms. Garth has attempted to facilitate a close
relationship with the putative father and his family.
91. Despite this, the putative father never signed ACB or CABs birth
certificates, never legitimized them, never exercised meaningful visitation with them or
payed any child support to Ms. Garth.
92. The putative father was allowed liberal unsupervised visitation with ACB
and CAB.
93. The putative fathers only restriction was the he was not to take the children
to Alabama.
94. The Individual Defendants employed by DCS requested that Williamson
County Tennessee Juvenile Court perform paternity testing and legitimize Ms. Garths
children, despite the fact neither the parents nor children were legal residents of
Tennessee, and Tennessee courts have no legal jurisdiction or authority to do so under
T.C.A. 36-2-307 et seq.14
95. The Individual Defendants employed by DCS caused suit to be filed
against Ms. Garth for child support for the time the children spent in foster care.
96. Despite being an Alabama resident, and the provisions of the Uniform
Interstate Family Support Act codified at T.C.A. 36-5-2201 et seq. the Individual
Defendants employed by DCS caused suit to be filed in Tennessee.
97. Ms. Garth was served with process by Judge Sharon Guffee while she was
at Williamson Juvenile Court attending a required hearing in the dependency and
neglect action.

14
Tennessees Paternity and Legitimation statute.

98. A child support order was entered against Ms. Garth in October of 2016.
99. Many of the tasks that Ms. Garth was required to complete to recover
custody of her children were not required of the childrens putative father, including that
Ms. Garth take and pass a hair follicle drug test despite Sgt. Phillips stating that he did
not suspect that Ms. Garth was impaired by any substance the night of her arrest.
100. Ms. Garth has no history of drug and alcohol use or abuse.
101. Ms. Garth has passed all drug tests given to her, including two five-panel
hair follicle tests.
102. Individual Defendants employed by DCS, acting under the guise of the
Interstate Compact for the Placement of Children (ICPC), sent ACB and CAB to live in
Alabama with their putative father in October 2016.
103. The individual DCS employee defendants have maintained that the
children continued to be in foster care and in the custody of Tennessee DCS despite
living in Alabama.
104. CAB and ACB spent five (5) months in various foster care homes in
Williamson County, Tennessee prior to returning to Alabama in October 2016.
105. The actions of the individual DCS employee defendants have placed Ms.
Garth at a great disadvantage in maintaining a relationship with, and regaining custody
of, her children.
106. Litigation concerning DCSs actions against Ms. Garth is ongoing in,
Tennessee.
107. Additional custody actions are pending in Alabama.

V. CAUSE OF ACTION PURSUANT TO 42 U.S.C. 1983 AGAINST
DEFENDANTS EMPLOYED BY THE TENNESSEE DEPARTMENT OF CHILDRENS
SERVICES
i. The Custom or Practice of Violating the Due Process Rights and rights of
families
108. Plaintiffs repeat, re-allege, and incorporate herein the preceding
paragraphs as if fully set out herein.
109. The Individual Defendants individually and under color of law acted willfully,
maliciously, unreasonably, recklessly and with deliberate indifference to, and with
intentional and wanton disregard of the constitutional and federally protected civil rights,
family association, First, Fourth, Fourteenth Due Process rights of the Plaintiffs.
110. The aforesaid conduct of the Individual Defendants was motivated by evil
motive or intent and involved willful, reckless and callous indifference to the federally
protected rights of the Plaintiffs.
111. A reasonable official in the Individual Defendants position would have
understood that the aforesaid conduct violated the clearly established constitutional
rights of the Plaintiffs.
112. Defendant Commissioner of DCS implicitly or explicitly adopted and
implemented careless and reckless policies, procedures, customs, or practices
including failure to properly train employees in the legal and constitutional requirements
of their jobs. Concepts such as proper custody jurisdiction, the distinction between legal
and physical custody, the meaning of reasonable efforts and the proper procedure for
seeking court orders for the removal of children from their homes, a process and

procedures to expeditiously return out of state children to their home states and/or
families, procedures for avoiding foster care if the parent is willing to consent to the
release of their children to an adult of their choosing, and procedures to quickly release
children from foster care.
113. The Commissioner knew, or should have known, of the circumstances
surrounding the removal of ACB and CAB from their mothers care, custody and
management and that DCS employees were using Tennessee foster care resources for
the care and upkeep of children from a neighboring state.
114. The failure of the Commissioner to adequately implement and enforce
policies and procedures, train and/or supervise the Individual Defendants amounts to
deliberate indifference to the rights of Plaintiffs to substantive due process, the liberty to
direct the companionship, care, custody and management of ones children, familial
association and the Plaintiff childrens Eighth Amendment right not to be falsely
imprisoned and Plaintiffs mothers right not to have her children unreasonably seized.
ii. Acquiescence to Abuse of Process/Conspiracy to Commit Abuse of Process
115. The Plaintiffs repeat, re-allege, and reincorporate herein each of the
preceding paragraphs as if fully set forth herein.
116. The Individual Defendants carried out their actions in the course of their
duties as employees of the Department of Childrens Services.
117. Defendant Commissioner Hommrich implicitly or explicitly adopted and
implemented careless and reckless policies, procedures, customs or practices in

contravention of established best practices for childrens welfare agencies Bryan A.
Settlement Agreement, thereby allowing department employees to ignore clearly written
and uniform state statutes, and further allowing the use of specious and erroneous legal
arguments to remove children from their home and the care and custody of their
parents/families.
118. The individual defendants employed by Tennessee Department of
Childrens Services maliciously and/or willfully, knowingly and recklessly sought legal
custody of Plaintiff Tracy Garths children ACB and CAB and had the children declared
dependent and neglected alleging that they were without a parent or proper
guardian/custodian and in danger of moral corruption or physical harm.
119. While seeking legal custody of ACB and CAB, Department employees
maliciously and/or willfully, knowingly and recklessly, asserted that Jurisdiction was
proper in Tennessee knowing at all times that the childrens home state for custody
purposes was and is Alabama.
120. Further DCS officials informed the mother that one of the required
conditions for her children to be returned to her would be to fully resolve the pending
legal charges against her, thus pressuring her to plead guilty and waive her due process
rights and right to trial in her criminal case.
121. Resolving misdemeanor and low level felony offenses are not reasonably
related to resolving the conditions that led the children into DCS custody as Plaintiff is
on bond, able to provide for the care of her children and not in serious jeopardy of a
being sent to prison under Tennessee law.

122. The State of Tennessee, Department of Childrens Services use of process
was conducted in a fashion other than such as would be proper in the regular course of
practice.
iii. General Allegations Germane to the Constitutional Violations of the Individual

Defendants Employed by DCS
123. The remedies available under Tennessee law for redressing the
deprivation of the Plaintiffs constitutional rights are inadequate.
124. The conduct of the Defendants was willful, malicious, oppressive, grossly
negligent and/or reckless, and was of such a nature that punitive damages should be
imposed in an amount commensurate with the wrongful acts alleged herein.
125. The Individual Defendants, acted under color of law and in their official
capacity, to deprive the Plaintiffs of their right to be free from false imprisonment, the
right to be free from deprivations of liberty, the right to due process of law, the right to a
familial association, and the right not to be unreasonably seized. The Defendants
actions described herein directly and proximately caused the Plaintiffs physical and
mental pain and suffering, both past and future; and medical and psychological
expenses, both past and future.
126. As a direct and proximate result of the policies, procedures, customs, and
actions of the Defendants, the Plaintiffs suffered deprivations of their constitutional
rights, physical and mental pain and suffering, both past and future; and medical and
psychological expenses, both past and future.
VI. CAUSE OF ACTION PURSUANT TO 42 U.S.C. 1983 AGAINST THE

INDIVIDUAL DCS DEFENDANTS, INDIVIDUALLY

127. The Plaintiffs repeat, re-allege, and incorporate herein each of the
intentional and wanton disregard of the constitutional and federally protected civil rights
of the Plaintiffs.
132. By virtue of the foregoing, the Individual Defendants are liable to the
Plaintiffs, pursuant to 42 U.S.C.A. 1983. The Individual Defendants acting individually
and under color of state law, engaged in a course of conduct which caused pain,
suffering and injuries to the Plaintiffs, and violated their rights as guaranteed by the
First, Fourth, Eighth and Fourteenth Amendments of the Constitution of the United
States. These include, but are not limited to, the right to familial association, the right to
be free of false imprisonment, the right not to have your children unreasonably seized,
the right to direct the companionship, care, custody and management of ones children
and the right to due process.

133. As a direct and proximate result of the actions of the Individual Defendants,
the Plaintiffs suffered deprivation of their constitutional rights, physical and mental pain
and suffering, both past and future; medical and psychological expenses, both past and
future.
VI. CAUSE OF ACTION PURSUANT TO 42 U.S.C. 1983 AGAINST THE CITY

OF FRANKLIN
of the Plaintiffs.
protected rights to due process of the Plaintiffs.
Plaintiffs, pursuant to 42 U.S.C.A. 1983. The Individual Defendants, acting individually

suffering, and injuries to the Plaintiffs, and violated their rights as guaranteed by the
Fourth, Eighth, and Fourteenth Amendments of the Constitution of the United States
and Article I, Section 7 of the Tennessee Constitution. These include, but are not limited
to, the right to be free from deprivations of liberty and the right to be free from excessive
bond that occurs without due process of law.
140. As a direct and proximate result of the actions of Individual Defendants, the
Plaintiffs suffered deprivation of their constitutional rights, physical and mental pain and
suffering, both past and future; and attorneys fees and costs of court proceedings,
travel fees and expenses, medical and psychological expenses, both past and future for
which damages are sought.
VII. CAUSE OF ACTION PURSUANT TO 42 U.S.C. 1983 AGAINST THE

INDIVIDUAL CITY OF FRANKLIN DEFENDANTS, INDIVIDUALLY
of the Plaintiffs.
protected rights to due process of the Plaintiffs.

to, the right to be free from deprivations of liberty and the right to be free from excessive
bond that occurs without due process of law.
VII. CLAIM AGAINST THE CITY OF FRANKLIN PURSUANT TO THE TENNESSEE

GOVERNMENTAL TORT LIABILITY ACT

149. Defendant, City of Franklin, by or through its agents, servants and
employees, is guilty of negligent acts or omissions where immunity has been removed
under Tenn. Code Ann. 29-20-205.
150. The agents, servants, and/or employees of the City of Franklin were
negligent, grossly negligent, or reckless in their supervision of the minor Plaintiffs ACB
and CAB, which was the direct and proximate cause of the permanently disfiguring
physical injuries, pain and suffering suffered by ACB.
151. The agents, servants and/or employees of the City of Franklin had a duty to
protect ACB and CAB due to the special relationship created when the officers elected
to take them into their custody and care after their mothers arrest.
152. The agents, servants and/or employees of the City of Franklin had a duty to
protect ACB and CAB by not placing them into greater harm or danger, or exposing
them to harm or dangers that did not previously exist in the situation in which they were
found prior to being taken into police custody and care.
153. The agents, servants and/or employees of the City of Franklin acted
willfully, maliciously, unreasonably, recklessly and with deliberate indifference to, and
of the Plaintiffs.
154. The agents, servants and/or employees of the City of Franklin were willful
and malicious in seeking unsupported felony warrants leading to the false imprisonment
of the Plaintiff on April 25, 2016 without probable cause to support the arrest and said
negligence was committed within the scope of the employment of the agents, servants,
and/or employees of the City of Franklin.

155. The false imprisonment of the Plaintiff on the unsupported offenses was
not pursuant to a mittimus from a court.
156. The City of Franklin had actual and constructive notice that, on April 25,
2016, its agents, servants, and/or employees falsely imprisoned the Plaintiffs without
probable cause.
157. The City of Franklin had a duty to supervise and prevent its agents,
servants, and/or employees from falsely imprisoning civilians and citizens, including the
Plaintiff, without probable cause and breached its duty by the acts complained of herein.
158. The City of Franklin had a duty to supervise and prevent its agents,
servants, and/or employees from committing torts against civilians and citizens,
including the Plaintiffs and breached its duty of care by the acts complained of herein.
159. As a direct and proximate cause of the City of Franklins breach of duties,
the Plaintiffs sustained great humiliation, mental anguish, mental and emotional
distress, extreme embarrassment, damage to her personal reputation and standing in
the community, physical pain and suffering, medical expenses and attorney fees and
expenses related to criminal proceedings, for which damages are sought.
I. Negligent Policing
161. The Individual Defendants conduct is the proximate cause of the Plaintiffs
injuries, including physical injuries, great humiliation, mental anguish, mental and
emotional distress, extreme embarrassment, fear of loss of employment, damage to

their reputation and standing in the community and attorneys fees and expenses
related to criminal proceeding, for which damages are sought.
162. Pursuant to Tennessee Code Annotated 40-7-118(b)(1), peace officers
have the purview to employ the use of citation in lieu of continued custody of an
arrested person nor did any of the enumerated factors for precluding the use of citation
in lieu of continued arrest existed.
VIII. CAUSE OF ACTION PURSUANT TO 42 U.S.C. 1983 AGAINST WILLIAMSON

COUNTY
of the Plaintiffs.
IX. CAUSE OF ACTION PURSUANT TO 42 U.S.C. 1983 AGAINST THE
INDIVIDUAL WILLIAMSON COUNTY DEFENDANTS, INDIVIDUALLY

of the Plaintiffs.
to, the right to be free from the excessive use of force, the right to be free from
deprivations of liberty and the right to be free from summary punishment that occurs
without due process of law and the right to a fair trial.

174. Williamson County had actual and constructive notice between April 25,
2016 and April 27, 2016 of the mistreatment of Ms. Garth in the jail including that she
was subjected to threats of use of force, was video recorded being cut out of her
garments and while naked by male employees in violation of her constitutional rights,
was forced to wear a suicide prevention garment, and not provided appropriate
medical care and treatment in violation of her constitutional rights by its servants and/or
employees.
X. CAUSE OF ACTION AGAINST THE WILLIAMSON COUNTY PURSUANT TO THE

GOVERNMENTAL TORT LIABILITY ACT
176. Defendant, Williamson County, by or through its agents, servants and
employees, is guilty of negligent acts or omissions where immunity has been removed
under Tenn. Code Ann. 29-20-205.
177. The agents, servants, and/or employees of Williamson County were
negligent, in not allowing Plaintiff to complete a telephone call in a reasonable period of

time on April 25, 2016 and said negligence was committed within the scope of the
employment of the agents, servants, and/or employees of Williamson County.
178. Williamson County had actual and constructive notice that on April 25,
2016 and for two weeks thereafter its agents, servants and/or employees failed to
provide Plaintiff with her statutorily mandated phone call.
179. Williamson County had a duty to supervise and prevent its agents, servants
and/or employees from depriving detainees and inmates of their statutory and
constitutional rights, including the Plaintiff, and breached its duty by the acts complained
of herein.
180. The agents, servants and/or employees of Williamson County acted
willfully, maliciously, unreasonably, recklessly and with deliberate indifference to, and
intentional and wanton disregard of the statutory rights of the Plaintiff.
181. As a direct and proximate cause of Williamson Counties breach of duties,
the Plaintiffs sustained great humiliation, mental anguish, mental and emotional
distress, extreme embarrassment, damage to her personal reputation and standing in
the community, loss of job and wages, and the loss of control of her children, for which
damages are sought.
WHEREFORE, PREMISES CONSIDERED, Plaintiff Tracy Garth demands that a
jury be empanelled to try the issues raised herein which are properly triable before a
jury of their peers and prays for a judgment against the Defendants referenced above
for the following:

(i) Compensatory damages for both the federal and state court claims in an
amount of $2,500,000.00 or an amount the jury may determine just and proper under
the circumstances and/or which may be permitted by law.
(ii) Punitive damages be awarded against the Defendants;
(iii) Attorneys fees and costs pursuant to 42 U.S.C. 1988;
(iv) Pre and post judgment interest;
(v) Discretionary costs; and
(vi) All such further relief, both general and specific, to which Plaintiff Michael
McDonald may be entitled or to which he may show himself entitled.
WHEREFORE, PREMISES CONSIDERED, Plaintiff ACB demands that a jury be
empanelled to try the issues raised herein which are properly triable before a jury of
their peers and prays for a judgment against the Defendants referenced above for the
following:
the circumstances and/or which may be permitted by law
(vi) All such further relief, both general and specific, to which Plaintiff ACB
may be entitled or to which he may show himself entitled.

WHEREFORE, PREMISES CONSIDERED, Plaintiff CAB demands that a jury be
empanelled to try the issues raised herein which are properly triable before a jury of
their peers and prays for a judgment against the Defendants referenced above for the
following:
the circumstances and/or which may be permitted by law
(vi) All such further relief, both general and specific, to which Plaintiff CAB
may be entitled or to which he may show himself entitled.
Respectfully submitted,
s/ S.S. Richards
S.S. RICHARDS #028868
1201A 7th Avenue North
Nashville, TN 37208
(615) 255-1212 T
(615) 255-9199 F
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was electronically filed with the
Clerk of the Clerk via the ECF System, which forwarded electronic notification of the filing to the
following:
this 25TH day of April , 2017.
s/ S.S. Richards___

JS 44 (Rev. 0 /16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts
362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause:

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY
RECEIPT # Case 3:17-cv-00758 Document

AMOUNT 1-1 Filed 04/25/17
APPLYING IFP JUDGEPage 1 of 1 PageID #: 39
MAG. JUDGE

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IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF TENNESSEE

TRACEY MARIE GARTH, )

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 1 of 38 PageID #: 1

COMPLAINT FOR DAMAGES, DECLARATORY AND INJUNCTIVE RELIEF

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 2 of 38 PageID #: 2

Amendments to the United States Constitution; under federal law, specifically, 42

custodial interference, intentional infliction of emotional distress, negligence, assault,

abuse of process and false imprisonment.

mental, emotional and financial injuries.

and Bonnie Hommrich Commissioner of the Tennessee Department of Childrens

in and/or ratification of the unlawful conduct committed by the Individual Defendants.

1. Plaintiff Tracy Marie Garth is an adult resident, citizen and domiciliary of

Morgan County, Alabama.

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 3 of 38 PageID #: 3

Commissioner of the Tennessee Department of Childrens Services. Defendant

to family association, and deliberate indifference to same.

and Sarah Grey McCroskey were employees of the Tennessee Department of

individually; Katherine Nabors, in her capacity as a Supervisor and individually; and

Sarah Grey McCroskey in her capacity as an Assistant Attorney General and

6. Defendant City of Franklin is a municipal entity, located in Williamson

County, Tennessee, recognized by the State of Tennessee as a properly organized and

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 4 of 38 PageID #: 4

8. Defendant Williamson County, Tennessee is a governmental entity as

and his individual capacity.

or inactions taken by them individually.

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 5 of 38 PageID #: 5

occurred in Franklin, Williamson County, Tennessee, and venue is appropriate in this

controversy exceeding $75,000.00 and diversity of citizenship pursuant to 28 U.S. Code

IV. FACTUAL BACKGROUD

Shell service station at 1316 Murfreesboro Road, Franklin, TN 37064 in Williamson

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 6 of 38 PageID #: 6

and speeding on I-65 North.

Phillips detained Ms. Garth in his patrol vehicle.

around the gas pumps and in the station parking lot.

had no criminal background and no outstanding warrants.

children at that time.

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 7 of 38 PageID #: 7

($500.00) cash, and debit/credit cards.

leave jail to retrieve her children.

vehicle and being transported to the jail.

statutory phone call pursuant to T.C.A. 40-7-106(b)2.

Williamson County jail for fourteen (14) days.3

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 8 of 38 PageID #: 8

morning of April 25, 2016.

Violation, and two (2) counts of Violation of Child Restraint System.7

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 9 of 38 PageID #: 9

Speeding, Violation of No Passing Zone, Obedience to Required Traffic Control Device,

charges are pending in Williamson County Circuit Criminal Court.

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 10 of 38 PageID #: 10

ordinary conduct on the part of Ms. Garth after this time.

the restraint garment on April 27, 2016.

towed and impounded.

shortly after 3:00 a.m.

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 11 of 38 PageID #: 11

station were purported to be from hot water.

Case 3:17-cv-00758 Document 1 Filed 04/25/17 Page 12 of 38 PageID #: 12

while at the police station and needed emergency care.8

ACB and oversee his care.

46. While at Vanderbilt, as an explanation for ACBs injuries, Officer Coreno

47. Based on reports, Officer Coreno transported ACB to the Williamson

County DCS office around.

DCS never investigated the officers, Franklin Police Department or circumstances