The parents of a boy with autism are suing Sumner County Schools and the parent who criminally charged the boy with assault when he was 5 years old.
The charges against the child, who was a kindergartner at H.B. Williams Elementary in White House at the time, were dismissed in April by a judge who found he was not competent to stand trial.
The lawsuit, filed earlier this month, says the boy suffered "emotional harm, humiliation, and stigma."
In September 2025, the Sumner County District Attorney's Office swiftly declined to prosecute the 5-year-old in relation to a series of outbursts during which the boy shoved and struck children and threw furniture and classroom items. But two parents of the boy's classmates, including Brandon Smart, chose to file
charges individually, the suit reveals. Smart is an assistant principal at a high school in Sumner County.
The lawsuit argues it was Smart's goal to remove the boy from school. It says that while in court, Smart said he could have the boy removed if the criminal charges were upheld.
When a forensic examiner in March determined the boy was not competent to face criminal charges, Smart "demanded" to question the examiner and present other evidence, according to the lawsuit.
The parents are suing Sumner County Schools because officials did not initially provide the accommodations they requested for their son and they argue that was a substantial factor in the boy's "behavioral crisis." The school district eventually provided the requested supports, including a one-on-one aide for the child for the entire school day.
In an emailed statement, the parents' attorney Justin Gilbert praised the work of teacher aides, who he said do not get enough recognition.
"A humane society does not criminalize the struggles of a five-year-old with autism; we must provide caring adults to understand, guide, and support the child with a disability," Gilbert said.
The lawsuit makes two claims against the school district, one alleging a violation of the Americans with Disabilities Act and another alleging a violation of federal law prohibiting discrimination in programs that receive federal funding.
Smart, who is being sued in his individual capacity and not as a school official, is accused of First Amendment retaliation, violating the Equal Protection Clause, malicious prosecution, abuse of process and intentional infliction of emotional distress.
The boy and his parents are referred to only by their initials in the lawsuit, filed Sept. 3 in U.S. District Court for the Middle District of Tennessee.
The boy's parents did not sue the other parent who filed a criminal charge against the boy. That parent dropped the case in October.
Smart and Sumner County did not respond to emailed requests for comment sent Sept. 8.
Rachel Wegner contributed to this story.
Have questions about the justice system? Evan Mealins is the justice reporter for The Tennessean. Contact him with questions, tips or story ideas at emealins@tennessean.com.
This article originally appeared on Nashville Tennessean: Sumner Co. parents sue after boy with autism gets assault charge
