The Alabama couple filed lawsuits against the Tennessee Department of Children’s Services and Sevier County law enforcement agencies.

Nicholas and Elizabeth Frye were on vacation at a Driwood area resort in February 2024 to celebrate the seventh birthday of their youngest child, according to a federal lawsuit on February 25, after leaving the Walmart parking lot.

They said the child was accused of aggravating DUI, public addiction, child abuse, negligence, child abuse and negligence, and that the child was in custody at a police station. The children remained there until their grandmother travelled to gather them from Alabama.

The parents denied being drunk or disabled, claiming there was no possible cause for the police to attract their family.

The lawsuit does not detail the outcome of the charges. Aaron Kimsey, a Sevierville lawyer representing the family, declined to comment on the lawsuit or answer questions about the case. A spokesperson for the Sevierville Police Station returned the phone asking for arrest documents. A call to Sevier County Offices seeking comment was referred to Sevierville police. A spokesman for the Ministry of Children’s Services declined to comment on the pending lawsuit.

Litigation: Tennessee DCS took children after traffic stop without a valid court order

According to the clerk of the Session and Circuit Court for Sevier County Generals, there is no record that parents who would have appeared who were accused of such crimes were brought to trial or convicted on either of the charges.

The lawsuit alleges that police portrayed Nicholas Fry’s blood, but could not immediately test it. There was no evidence that he was drunk when they did, the lawsuit said.

“Nicholas Frey’s ultimate blood test results show that the system is free of drugs and alcohol at the time of arrest,” the lawsuit said.

“Both Fry’s parents and Fry’s minor children suffer from irreparable, permanent and serious mental and emotional distress,” the lawsuit said.

The couple “had a detrimental effect on their reputation, their status in the community, their occupation, income and other key aspects of life.”

The couple seeks $15 million in damages for a violation of their constitutional rights and $10 million in damages for a violation of state law.

The lawsuit reflects similar claims made against Child Services and the state and county law enforcement departments following the traffic halt in 2023, with five young children in foster care for nearly two months.

Bianca Clayborn mistakenly filed a child for state custody last year, alleging Tennessee’s Highway Patrol, the Department of Children’s Services, the Coffee County Sheriff’s Office and its employees.

Claiborne’s partner was arrested for possessing less than five grams of marijuana, a Tennessee misdemeanor. Clayborn was quoted and she said she could leave freely with her child.

A few hours later, the children were later taken from Clayborne’s side, and she was waiting for her partner to be released on bail from prison. The incident raised questions about the couple’s race – Clayborne, her partner and whether the child is black. Claiborne’s federal lawsuit continues, claiming that social workers “were illegally torn apart and terrorized Claiborne’s family.”

DCS, Tennessee Highway Patrol, and Coffee County have refused to misconduct in the Clayborne lawsuit.

The agency named in the fly lawsuit has yet to file a legal response.

It is unclear where the two fly children, identified only by the initials of the legal application, have been in the nine months since they were out of parental custody. The lawsuit does not include information about the race of the family.

Court records note that Sevierville police contacted DCS when their parents were arrested.

DCS officials contacted the Alabama Department of Human Services. This was eventually taken care of by the children until they were reunited with their parents.

The lawsuit that did not name Alabama child welfare officials the defendant, nonetheless claimed that “improved the unconstitutional violation… by preventing Fry’s parents from seeing Fry’s children.”

Litigation