A woman with Down syndrome is suing Howard County’s oldest and largest nonprofit after she said she was physically and sexually abused while in the organization’s care.

Adults with intellectual and developmental disabilities and their families for decades have turned to The Arc of Howard County for community support and services.

Arc caretaker Tynaeka Johnson was supposed to be helping four such people with daily activities, transportation and recreation. Instead, the lawsuit alleges, Johnson took them to her own home in Columbia, where her husband David Darnel Franklin Jr. abused one of the adults on nine to 10 separate occasions in early 2023.

Franklin and Johnson also are named as defendants in the suit. No attorneys are listed as representing them in court records. Messages requesting comment were not returned this week and no one was home Thursday morning at two addresses associated with Johnson and Franklin.

Franklin has not been criminally charged in connection with the incidents. Howard County Police investigated the matter, but charges were not filed after consultation with the Howard County state’s attorneys office, according to a spokesperson for the department.

Court records show Arc representatives deny the allegations. They declined to comment on the pending litigation in a statement shared by the organization’s attorney, Felicity McGrath. The organization fully cooperated with the law enforcement investigation and “prioritizes safety, providing resources and training to the people we support, our employees, and the broader community,” the statement said.

Arc officials said they are “deeply committed to fostering a safe, inclusive, and supportive environment for people with intellectual and developmental disabilities.”

“Our efforts are focused on breaking down barriers, promoting accessibility, and creating spaces where everyone can thrive,” the statement says. “This dedication to inclusion and safety enriches the community and ensures that all people are treated with the respect they deserve.”

The Banner does not name people who say they are victims of sexual abuse without their consent. The plaintiff for the lawsuit is being represented by attorney David Ellin, who said his client is verbal but has some communication limitations. He said he believes that may be why no criminal charges have been filed.

The abuse allegations surfaced when one of the other adults in Johnson’s care told their guardian about the unsanctioned trips to her home, Ellin said. The families of the four people served by Arc conferred and pieced together what was happening during the trips, he said.

Inside the home, the woman with Down syndrome was repeatedly separated from the other individuals under Johnson’s care and brought upstairs alone, where Franklin allegedly abused her, the suit states.

A tracking device on Johnson’s Arc vehicle later confirmed they were being taken to her home, Ellin said.

The complaint states Arc was using an application called GeoTab to track its vehicles, which were supposed to be monitored regularly by employees. A transportation director was quoted in the lawsuit as stating he “cannot sit and watch the trackers all day.”

The suit goes on to say the woman suffered severe trauma and is receiving intense mental health treatment from a therapist.

The lawsuit contains 10 counts including negligence, intentional infliction of emotional distress and false imprisonment. The woman with Down syndrome is seeking financial judgements against The Arc of Howard County, Johnson and Franklin.