Oliver Spring couple files $50 million lawsuit over abuse charges, removal of children

Oliver Spring couple files $50 million lawsuit over abuse charges, removal of children » Knoxville News Sentinel Mobile

By Bob Fowler
Published Thursday, March 10, 2011
An Oliver Springs couple accused of child abuse have filed a $50 million federal lawsuit over their arrest and the removal of six adopted children from their home.

The complaint was filed on behalf of Tobias M. Pethtel and Kathleen Elaine Pethtel, both 45.

The legal action names nine organizations and 31 individuals - including eight Anderson County deputies and five foster parents - as defendants.

The lawsuit contends the children were uprooted from their home, coerced by children's advocacy groups and state Department of Children's Services employees and others, and placed in inappropriate foster homes.

The 114-page amended complaint - first filed in November - was resubmitted earlier this month in U.S. District Court.

The Pethtels are free on $75,000 bonds after being indicted last summer on six counts each of aggravated child abuse or neglect.

"They've had a long and difficult saga," said Billy Sams, an attorney representing them in their criminal cases.

Authorities have declined comment on the pending criminal cases. An Anderson County judge has issued a gag order banning parties from discussing the case.

The Pethtels contend their constitutional rights have been trampled on, from their arrest to the state's seizure of their children to the children's subsequent mistreatment by foster parents.

The children "have been raised in a traditionally conservative and Christian manner," the lawsuit states.

Department of Children's Services workers have portrayed the couple as belonging to a "cult," it continues, "subjecting the family to discriminatory religious remarks."

One DCS worker described the children as "brainwashed," according to the lawsuit.

The Pethtels have seven children, ranging in age from 7 to 16 and adopted in Russia, Hawaii and Idaho, according to court records. Six children were living at home at the time, while a seventh child was in a Florida military school.

The federal complaint alleges the Pethtels' legal woes were sparked by a "911 prank call" made by one of the children in November 2009.

A deputy responding to cite the parents for the call "forced his way into the house" without a warrant and noticed a bruise on one child's face, according to the complaint. Although deputies were told the bruise was the result of a recent bike wreck, DCS employees were summoned, it continues.

Subsequent "Nazi-style interviews" of some of the Pethtel children produced "crazy lies, gross inconsistencies and contradictions," the lawsuit contends.

The legal action alleges foster parents for the children exposed them to various practices "outside the family guidelines."

Lanis L. Karnes, a Jackson, Tenn., attorney, filed the federal lawsuit. Karnes didn't return calls Monday and Tuesday seeking comment.

Bob Fowler may be reached at 865-481-3625.