MEMPHIS, TENN. — July 13, 2026 — Attorneys have filed a federal civil lawsuit in the United States District Court for the Western District of Tennessee on behalf of two parents and their daughters, alleging the children were repeatedly sexually abused by their fourth-grade teacher, Kenneth Clay, Jr., while attending Winchester Elementary School. The lawsuit further alleges that school officials failed to take timely and appropriate action after the abuse was reported.
The lawsuit names Memphis Shelby County Schools, Winchester Elementary School,the school’s principal during the relevant period, two school counselors, and former teacher Kenneth Clay Jr., as defendants. According to the complaint, Clay was employed as a fourth-grade teacher and also supervised the school’s After Care program at the time.
According to the complaint, during the fall of 2022, Clay repeatedly removed one of the nine-year-old students from class and the cafeteria to sexually abuse her. The lawsuit alleges that he forced the second child to stand outside the room “as a lookout” while the abuse occurred and instructed her to watch what he was doing.
The lawsuit further alleges that Clay also groped the second child, threatened to kill both girls if they reported the abuse, and told one of them that he intended to marry her when she turned 18. Both girls were nine years old at the time.
According to the complaint, the abuse was discovered after one girl’s mother found a group chat detailing the abuse and immediately turned the messages over to law enforcement. According to the suit, she promptly reported the abuse to a Winchester Elementary School counselor, but weeks went by without anything happening. The complaint further alleges that she emailed the school board regarding its failure to take action, copying another school counselor on the emails.
The lawsuit further alleges that during this time, the child would come home and tell her mother that she was being used as a lookout again. Her mother decided to go to the school principal, however, he refused to see her on multiple occasions. The complaint alleges that the only corrective action taken by the school was sending Clay home before he resigned from Winchester Elementary School in December 2022.
Once he was sent home, Clay fled town and was missing for three years. He was eventually found in 2025 and was charged with crimes related to his abuse of the two girls. He was ultimately found guilty of two counts of aggravated sexual battery.
Federal Lawsuit Alleges Civil Rights Violations and Institutional Liability
The lawsuit asserts claims under Title IX against Memphis Shelby County Schools and Winchester Elementary School, alleging that these defendants acted with deliberate indifference to known acts of sexual misconduct against minor students in their care. The complaint also alleges that the school failed to investigate the allegations, failed to notify law enforcement, and failed to protect the children from further abuse.
The lawsuit also asserts multiple claims under 42 U.S.C. § 1983, alleging violations of the plaintiffs’ constitutional rights. In addition, the lawsuit asserts claims against Kenneth Clay, Jr. for assault and battery and against Clay and certain school officials for intentional infliction of emotional distress. The complaint alleges that the defendants’ conduct caused the children severe emotional distress, psychological trauma, and other damages.
“The allegations in this complaint describe every parent’s worst nightmare,” said Nathaniel Foote, Partner at Andreozzi + Foote. “According to the lawsuit, a parent repeatedly reported concerns to school officials, yet the complaint alleges that no meaningful action was taken to protect these young girls. Schools have a fundamental responsibility to respond swiftly to reports of child sexual abuse. When they fail to do so, children can remain at risk, and those responsible must be held accountable.”
Andreozzi + Foote is working with Nahon, Saharovich & Trotz, PLC, in representing the plaintiffs.
Attorneys encourage anyone who may have experienced school sexual abuse to come forward to learn about their legal rights and options. Individuals may contact the firm at info@vca.law.
About Andreozzi + Foote
Andreozzi + Foote is one of the nation’s leading sexual abuse law firms with a history of representing survivors in cases against large and powerful organizations including Penn State University, the Boy Scouts of America, and the Catholic Church. The trauma-informed sexual abuse lawyers at Andreozzi + Foote are committed to obtaining life-changing results for victims and their families.
For media inquiries, please contact:
Maria Smith
Andreozzi + Foote
4503 N Front St.
Harrisburg, PA 17110
Email: marias@vca.law
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Image of Kenneth Clay, Jr., courtesy of Shelby County Sheriff’s Office.
