Significant Litigation in Family and Mental Health Law

A.N. v. Scott, (U.S. Dist. Ct., M.D. Tenn. 79-3010-NA-CV, 1979):

Establishing right to access to counsel for status offenders and dependent and neglected children in state residential facility.
Anita Doe v. Jenkins, (Davidson Chancery, 80-1847-III):
establishing right to prompt detention hearing following execution of arrest order.

David M. v. Rumbaugh, (Tn. App. No. 80-257-II, 1981):
Class action establishing due process rights for dependent and neglected children subject to placement in residential facility operated by state department of education.

Doe v. Bradley, (Davidson Chancery, A-7980-I, 1981):
Class action establishing comprehensive guidelines for care and treatment of mentally retarded juveniles in correctional custody.

Doe v. Norris, 751 S.W.2d 834 (Tenn. 1988):
Class action holding unconstitutional commingling of status offenders with delinquents in secure correctional institutions.

Dunn v. Joyner, (Davidson Chancery, No. 80-1657-II, 1982):
Holding unconstitutional a state statute giving state psychiatric facilities the right to refuse to release voluntarily admitted patients without affording them protections guaranteed involuntarily committed patients.

Headrick v. Haskins, (Davidson Chancery No. 77-1222-I, 1979):
Class action holding unconstitutional statute permitting continued jurisdiction over status offenders beyond age 18 based upon adjudication prior to 18.

High v. Zant and Wilkins v. Missouri, 492 U.S. 361 (1989):
Unsuccessful challenge to constitutionality of death penalty for acts committed by minors under 18 years of age. Authored ABA amicus brief in opposition to death penalty for acts committed by minors.

Jenkins v. King, (Wilson Chancery, No. 2832, 1980):
Establishing procedures for short term detention of accused juvenile in county jail and requiring construction of separate juvenile unit providing sight and sound separation from adult inmates.

John L. v. Adams, 750 F.Supp. 288 (M.D. Tenn. 1990) aff’d in part, rev’d in part, 969 F.2d 228 (6th Cir.1992):                          Class action establishing state’s constitutional obligation to provide a program of legal assistance to children in state correctional custody.
L.W. v. Brown, (U.S. Dist. Ct., M.D. Tenn. No. 81-3092, 1986):
class action establishing procedures for the administration of psychotropic medications to patients in state psychiatric hospitals.

Roe v. Hatler, (Davidson Chancery, No. 77-574-III):
Class action establishing mechanisms for ensuring that female juvenile offenders do not spend significantly longer periods of incarceration than males committed for similar offenses and prohibiting practices which historically resulted in longer commitments for non-serious female juvenile offenders.

Shall v. Martin, 467 U.S. 253 (1984):
Authored ABA amicus brief urging affirmance of lower court rulings striking down juvenile preventive detention statute; Supreme Court reversed.

State ex rel. Bishop v. Angel, (Davidson Chancery, No., 77-1476-III, Oct. 21, 1977):
Holding  Boykin v. Alabama applicable to guilty pleas in juvenile delinquency proceedings.

State ex rel. Bodkins v. Cook and State ex rel. England v. Cook, 633 S.W.2d 477 (Tenn. App. 1981):
Unsuccessful challenge to Juvenile Post Commitment Procedures Act; courtheld that, notwithstanding plaintiffs proof that legal aid was not readily available to incarcerated juveniles to assist them in filing post-commitment petitions, post-commitment procedures were neither inadequate nor ineffective so as to authorize habeas corpus proceedings in Davidson County Chancery Court.

State ex rel. Langston v. Mitchell, (Tn. App., Feb. 25, 1977):
Adopting “reasonable competence” standard for adequacy of counsel in juvenile delinquency proceedings and citing ABA Defense Function Standrds for Guidance.

State ex rel. Lawson v. Cook, (Tn. App. April 2, 1982):
Holding that the changing of the limit of juvenile court jurisdiction from age 21 to age 19 required the release of those in juvenile correctional custody over the age of 19 who had been committed by a juvenile court before the lowering of the jurisdictional age limit.

State ex rel. Patillo v. Garrington, (Tn. App., July 28, 1978):
Establishing strict standard for waiver of counsel in juvenile delinquency proceedings.

State ex rel. T.H. by H. H. v. Min, 802 S.W.2d 625 (Tenn. App. 1990):                                                                                      Holding “qualified right to counsel” under state and federal constitution for parents in dependency neglect hearing.

Stephens v. Haskins, (Tn. App. Oct. 31, 1980):
Class action habeas corpus action appropriate remedy and order entered requiring notice of right to seek release (based on statutory interpretation) held to those over eighteen years of age confined in juvenile facilities based on juvenile court commitments entered prior to their eighteenth birthdays.

Thompson v. Oklahoma, 487 U.S. 815 (1988):
Reversing death sentence imposed on defendant who was 15 years old at the time he committed murder. Authored ABA amicus brief in opposition to imposing capital punishment for offense committed by minor.

Willis v. Jenkins, (Davidson Chancery, 81-1916-III, 1982):
Establishing right to counsel for accused contemnors in civil child support enforcement proceedings when incarceration for contempt is possible consequence of proceedings.