Our Litigation
OUR CURRENT CASES
The Barbara McDowell Social Justice Center provides high-quality legal representation in social justice cases to underserved and underrepresented communities across the country.
Tennessee’s Foster Care System Is Failing Children
KEIRA M. v. COMMISSIONER MARGIE QUIN
DATE FILED: May 19, 2025, in the United States District Court for the Middle District of Tennessee
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Enforcing the civil rights of children to keep them safe, unharmed and from being moved frequently among foster homes and institutions.
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Thirteen children filed a class action lawsuit against the Tennessee Department of Children Services (DCS) Commissioner Margie Quin, and DCS Deputy Commissioners Carla Aaron and Karen Jointer Bryant, seeking declaratory and injunctive relief. The lawsuit challenges Tennessee’s compliance with the settlement reached in a federal class action lawsuit, Brian A., which was settled in 2004, and dismissed in 2019, after some improvements in the system. The complaint alleges that the foster care situation in Tennessee has deteriorated significantly since that point, with many of the problems and issues raised in that lawsuit recurring and even worsening. It further alleges that these harms include shackling, physical abuse, deprivation of education, absence of health screenings, denial of health care, inappropriate foster care placements, untreated mental health issues, housing in buildings having dangerous environmental issues, sleeping on the floors of the DCS’s office, not receiving timely court-ordered plans of care hearings, and failure to provide adequately trained and number of staff.
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Barbara McDowell Social Justice Center (Billy O’Reilly, Margaret Zwisler and Julie Gorla), A Better Childhood, Willkie Farr & Gallagher LLP, Bass, Berry & Sims PLC, and Wang Hecker LLP.
Landmark Win Extending Education Rights for Montana Students with Disabilities
A.H., A.K., and DISABILITY RIGHTS MONTANA v. SUPERINTENDENT SUSIE HEDALEN and GOVERNOR GREG GIANFORTE
DATE FILED: February 27, 2025, in the United States District Court in Helena, Montana
DATE SETTLED: August 15, 2025
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Enforcing the civil rights of students with disabilities to education until age 22, like their non-disabled peers.
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Represented by the BMSJC and other counsel, two Montana high school students with disabilities and Disability Rights Montana have filed a class action lawsuit against the Montana Superintendent of Public Instruction, Susie Hedalen, and Governor Greg Gianforte seeking declaratory and injunctive relief. The lawsuit challenges Montana’s policy of ending education for students with disabilities at age 18, despite federal law granting them the right to an education until age 22. Under Montana law, disabled students lose this right to a public education in the year they turn 18, while non-disabled students can continue their education until age 22.
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Barbara McDowell Social Justice Center (Jerry Hartman), Disability Rights Montana, Schneider Wallace Cottrell Konecky, LLP (Jason H. Kim) and James D. Jenkins, a Virginia attorney.
Now More Than Ever: Let’s Fight Injustice Together
In this moment when civil rights, equity, and the rule of law are under increasing attack, the need to fight back through strategic litigation has never been more urgent. The Barbara McDowell Social Justice Center is available to assist organizations like yours in bringing impact litigation.
If you are looking for a litigation partner on a current or upcoming matter — or have a case your team is unable to take on — we would welcome the opportunity to collaborate. (SEE CASE GUIDELINES) For collaboration inquiries or case submissions, please contact: George Mykulak, Senior Litigation Director, g.mykulak@mcdowellsocialjusticecenter.org or Jerry Hartman, President, j.hartman@mcdowellsocialjusticecenter.org
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