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Woods v. Hommrich

United States District Court, M.D. Tennessee, Nashville Division

April 16, 2018

BRYSON WOODS, Plaintiff.
v.
BONNIE HOMMRICH, in her official Capacity as the Commissioner of the Tennessee Department of Children's Services, and WILLIAM HASLAM, in his official capacity as Governor of the State of Tennessee, Defendants.

          TEMPORARY RESTRAINING ORDER

          WILLIAM L. CAMPBELL, JR., UNITED STATES DISTRICT JUDGE

         Pursuant to Federal Rule of Civil Procedure 65, Bryson Woods (“Plaintiff”) has moved this Court for a temporary restraining order and/or an order preliminarily enjoining the Defendants from returning him to the Gateway to Independence Youth Development Center. In support of his Motion, Plaintiff has provided facts through a Verified Complaint and a separate Affidavit.

         The Verified Complaint and Affidavit establish the following facts:

         1. The Tennessee Department of Children's Services (“DCS”) operates the Gateway to Independence (“GTI”) Youth Development Center as a hardware secure placement for children adjudicated delinquent and placed in its custody.

         2. DCS has placed Bryson Woods at DCS for several months.

         3. While at GTI, Mr. Woods alleges that the following has occurred:

a. He has been attacked multiple times by others housed at GTI.
b. He has requested ‘protective custody' to protect himself against further attacks.
c. ‘Protective custody' involves isolation of youth from other youth to protect them from other dangerous youth.
d. Multiple children have been hospitalized following violence at the facility.
e. On April 9, 2018, a riot broke out at the facility. Youth, staff and teachers were injured. At least one youth escaped the facility.
f. Also on April 9, 2018, Bryson Woods attempted suicide.

         4. Plaintiff raises claims for violations of his Fourteenth Amendment substantive due process rights, his right to be free from cruel and unusual punishment under the Eighth Amendment, and for violations of the Individuals with Disabilities Education Act.

         5. In determining whether to issue a TRO pursuant to Rule 65 of the Federal Rules of Civil Procedure, the Court is to consider: (1) the plaintiff's likelihood of success on the merits; (2) whether the plaintiff may suffer irreparable harm absent the injunction; (3) whether granting the injunction will cause substantial harm to others; and (4) the impact of the ...


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