A Memphis couple embroiled in a custody battle in Horn Lake, Miss., is hoping their nightmare will end. They can’t fathom why the Mississippi Department of Human Services would remove their three children when they live in the city of Memphis.
The across-the-border custody case of Jesse and Samantha Johnson has caught the attention of the American Civil Liberties Union of Mississippi. (Photo by Wiley
Henry)
The across-the-border custody case has received the attention of the American Civil Liberties Union of Mississippi.
“I’m very familiar with the attitude in Mississippi,” said ACLU attorney Kristy Bennett. “Case workers have a lot of authority, and many times these families don’t have the power to fight back.”
On March 10, Jesse and Samantha Johnson became engaged in an all-out struggle with DeSoto County Family and Children’s Services, which took their children – Jeremy, 16, Justice, 12, and Jacob, 8, – into custody that day after workers with the agency visited them at a home in Horn Lake and concluded the couple was not properly caring for the children.
The Johnsons have been married eight years and live in Whitehaven. Jesse Johnson is African American and Samantha Johnson is white. An interracial couple can be a recipe for trouble in Mississippi, Bennett said.
But the Johnsons don’t live in Mississippi; they live at 1390 Winfield Ave. in a modest two bedroom, single family home in Whitehaven.
According to the assessor of property, the $66,300, 976-square-foot home was owned by Jesse Johnson’s mother, Sarah A. Johnson, who died in February. 
Jesse Johnson said he wonders whether he’ll ever see his children again. (Photo by Wiley Henry)
Sarah Johnson also owned the home at 7208 Durango Dr. in Horn Lake, where the Johnsons’ three children were taken into “protective custody” by the state.
According to the DeSoto County Tax Assessor’s Office, that house is valued at $72,951. It is the home where two social workers from the Department of Human Services visited on March 5 after receiving a tip that the Johnson children were being neglected. Jesse Johnson denies the assertion.
“We were there at the house, off and own, for about three weeks, trying to clean it up,” he said. “Since my mom died, me and my wife and children were trying to get the house ready for the market.”
Jesse Johnson said he brought his children along to help out and needed his 16-year-old son’s help in particular. “I’m disabled and needed my family’s help. And my wife suffers from a heart condition,” said Johnson, who uses a walking cane for stability.
According to a petition filed March 18 by the DeSoto County Youth Court, the social workers “observed trash, clothes, medicine bottles (both empty and some full), newspapers, etc. all over the floors” of the Durango home during their March 5 visit.
They also noted that they learned in a conversation with the Johnson children that the children hadn’t been in school in years. Samantha Johnson explained she had been home-schooling her children and teaching them “Hooked on Phonics.”
Jacob Johnson Jeremy Johnson Justice Johnson
That didn’t go over well with the social workers, who also expressed concern about inadequate food in the refrigerator and cabinets — only liquids.
“They followed me to the store to buy food,” said Samantha Johnson. “And they told us we needed to clean up the house and that they would be back to check on our progress. But we told them we live in Memphis and were there to clean the house to sell it.”
On March 10, the social workers returned to see if the Johnsons were in compliance. The home, they reported, was in the same unkempt condition.
They concluded the children were being neglected and took them into custody. “My children don’t understand what’s going on and I don’t understand either,” said Samantha Johnson.
The next day, the Johnsons visited their children at the DeSoto County Court House. “We were told we’d get our kids back,” said Samantha Johnson. “So I signed some papers. But I don’t remember what I signed.”
After signing the paperwork, Samantha Johnson said they were arrested and carted off to jail. “They didn’t read us our Miranda rights, either,” she said.
“They took our children and then handcuffed and shackled us,” added Jesse Johnson, pointing to his wrists and ankles. “I was taken in one squad car and my wife was taken in another.”
The Johnsons were cited for neglect. Bail was set at $5,000 apiece. Jesse Johnson said he paid $1,100 for their release, which came after 12 hours in lockup.
Bennett, the ACLU attorney, said that once the Department of Human Services gets custody, it’s hard to get the children out of it. “Youth court judges usually side with DHS,” she said. “And it can be a nasty fight.”
Krystal Walton is the counselor for the Johnson children. When asked if the children were okay, she said, “We have to protect the privacy of the children. We can’t disclose any information.”
James D. Franks, a youth court prosecutor, said he was forbidden to speak to the media.
Barbara Smith, a foster mother in Horn Lake, was given temporary custody of the Johnson children. She declined to speak at length about the children. But she did say they’re “happy, fed and well loved.” She also said they’re in school in Horn Lake.
Samantha Johnson said she can’t sleep and worries incessantly about her children. ”It’s affecting my health. I cry all the time. I pray something happens soon, because I’m about to lose it,” she said.
Jesse Johnson wonders whether he’ll ever see his children again. He has made several inquiries to agencies trying to get them returned.
“We don’t have an attorney, either,” said Jesse Johnson, describing himself as a former FedEx worker who contracted blood poison. “We just can’t afford it. I’m hoping and praying this will all be resolved.”
The Johnsons’ next court date is Thursday, May 8, in Hernando, Miss.