Parents Sue Memphis-Shelby County Schools After Sexual Battery Conviction Of Former Teacher

Image Credit: Shelby County Sheriff’s Office & Canva

Tennessee Conservative News [By Olivia Lupia] –

The parents of two former Memphis-Shelby County Schools (MSCS) students are federally suing the district, Winchester Elementary School, several school officials, and former teacher Kenneth Clay Jr. after his conviction of aggravated sexual battery, claiming school leaders failed to act appropriately after learning of the child abuse allegations.

Clay, who worked as a 4^th grade teacher and After Care supervisor at Winchester Elementary from August 2022 to January 2023, was convicted at the end of June on two counts of aggravated sexual battery that took place in August of 2022.

According to the testimony, Clay forced students in the After Care program to engage in explicit sexual acts with him multiple times while inside the school. One victim testified that Clay touched her inappropriately on multiple occasions, including inside his classroom. 

In one instance, Clay isolated the girl inside the classroom and had another student act as a lookout in the hallway.

“That student testified they opened the classroom door when they say a teacher approaching and saw Clay zipping up his pants as the victim walked away from his desk. The student later informed their mother, who reported it to school officials,” said a statement from the district attorney’s office.

Eight witnesses for the state took the stand during the trial, including the victim, her mother, a school resource officer, the victim’s friend, the lead detective on the case, and the forensic interviewer who conducted the child’s interview.

Authorities say Clay resigned from his position in December of 2022 after the allegations surfaced then reportedly “fled town and was missing for three years” before eventually being arrested and indicted on more serious charges, including rape of a child, to which Clay pleaded not guilty. Upon the guilty verdict, Clay’s $250,000 bond was revoked, and he was immediately taken into custody. Sentencing is scheduled for July 31.

After the conviction, MSCS released a statement reading, in part, “We want to extend our sincere appreciation to our law enforcement partners and the responsible district staff for their swift and cooperative actions in ensuring justice and accountability on behalf of our students and families. Assault of any kind is strict prohibited by MSCS and this should serve as a reminder that any individual found to have engaged in inappropriate or harmful behavior will be held fully accountable.”

However, this stated accountability is apparently not enough for the parents filing the suit who contend the district and school officials failed to protect the children after learning of the allegations. The civil lawsuit claims Title IX violations, violations of the children’s constitutional rights, and intentional infliction of emotional distress.

According to the complaint, the mother of one of the two nine-year-old girls who were assaulted by Clay discovered messages in a group chat describing the sexual abuse during the fall of 2022. The suit states she immediately contacted police, notified a school counselor, emailed district officials, copied another counselor on the communications, and repeatedly attempted to meet with then-principal James Patton, but that weeks passed without meaningful intervention, allowing the abuse to continue.

Along with the MSCS district and Winchester Elementary administrators, Clay is also listed as a defendant in the suit as the plaintiffs seek relief against him for assault and battery and the intentional infliction of emotional distress. The families are asking for a jury trial and seeking compensatory and punitive damages and “such other and further relief as this court deems just and proper.”

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.