Mother Sues Tennessee Agencies for Using Cannabis Arrest To Separate Family

On Feb. 17, 2023, a Georgia-based Black family of seven (two parents, Deonte Williams and Bianca Claymore and five children, one of which was an infant at the time) were driving to a funeral and traveling through Tennessee to Chicago, Illinois, when they were detained at a traffic stop. Law enforcement initially pulled them over for dark tinted windows and traveling in the left lane while not passing, but after finding five grams of cannabis in the pocket of the Williams, he was arrested, Clayborne was cited, and they spent four hours at the Coffee County Justice Center.

The children were terrified, and DCS caseworkers asked to obtain a urine sample from Clayborne, who refused because she didn’t want to leave her kids alone. They compromised to have her give a urine sample in her car, while surrounded by law enforcement, and she attempted to do so, but ultimately could not. DCS told her that not complying “made matters worse” for her, and an emergency order from Coffee County Judge Greg Perry was issued for the children; they were removed from Bianca’s side at the justice center and taken into state custody.

The children were placed in temporary separate foster homes, where Clayborne was not allowed to visit them, and later they were allowed to stay with a family friend while the case was ongoing. Finally, after 55 days of separation, the children were returned to their parents on April 13. Clayborne’s misdemeanor was dismissed, Williams pled guilty to a misdemeanor, and the Department of Children’s Services dismissed the case.

According to the Tennessee Lookout, the sudden separation caused Clayborne to suffer from intense anxiety, depression, and mental anguish, and she stopped producing breast milk during that time. The news report shared that the children have also shown signs of trauma because of the incident, including one child having nightmares, wetting the bed, and another child now “has a visceral reaction to seeing police.”

Nearly one year later on Feb. 8, the family is suing the three DCS caseworkers, four Tennessee Highway Patrol officers, 10 Coffee County Sheriff Department officers, all of which played a part in the incident. “These public officials illegally tore apart and terrorized Clayborne’s family. They acted outrageously and unlawfully. Their actions caused severe emotional trauma to Clayborne and each of her five children,” the lawsuit stated. “Clayborne and the children bring this lawsuit to vindicate their rights against people that harmed them, though the full extent of the harm to their family may never be undone.”

The lawsuit claims that the family’s fourth amendment rights were violated, that there is evidence of multiple counts of false arrest and imprisonment, in addition to many other counts. The family is represented by Herzfeld, Suetholz, Gastel, Leniski, and Wall, PLLC, and Rubenfeld Law Office, PC.

Last year, Williams’ and Claymore’s attorney, Jamaal Boykin, expressed the sheer horror of such an event taking place. “It’s just so shocking to the conscience that in 2023 this is happening,” said Boykin. “I just have to believe if my clients looked different or had a different background, they would have just been given a citation and told you just keep this stuff away from the kids while you’re in this state and they’d be on their way.”

Legislators who heard about the incident also stood up for the family, such as Tennessee Sen. London Lamar. “DCS, Coffee County, y’all need to do the right thing before the situation gets worse, and we have a nation of people coming to the rescue of this Black family,” said Lamar. “Give them their children back. It’s borderline discrimination, because if this was any other family, as their attorney said, we don’t even think this would be the outcome.”

Tennessee Sen. Raumesh Akbari also exclaimed her disappointment in the events that tore the family apart. “It is outrageous that the state forcefully separated Bianca Clayborne, a breastfeeding mother, and Deonte Williams from their kids and have allowed this to continue for nearly a month,” Akbari said. “The state exercised extreme and flawed judgment in taking their children and it seems they’ve doubled down on this poor decision. No family is perfect, but an imperfection, like a simple marijuana charge, is no excuse for tearing a family apart. The state is supposed to support reunification. If they don’t have a better reason, they must immediately return these five children to their parents.”

Cannabis laws in Tennessee are incredibly strict, even for the limited number of patients who are permitted to use medical cannabis as residents. In the 2022 State of the States Report written by Americans for Safe Access, Tennessee received an “F” grade for its medical cannabis program. “Tennessee policymakers should avoid delaying implementation of a medical cannabis program; patients in the state are actively harmed by the state’s inaction,” the ASA wrote. Other states with an “F” rating included Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Nebraska, North Carolina, South Carolina, Texas, Wisconsin, and Wyoming.