Case: United States v. Cumberland County, Tennessee

2:23-cv-00001 | U.S. District Court for the Middle District of Tennessee

Filed Date: Jan. 18, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 18, 2023, the United States Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Middle District of Tennessee against Cumberland County, Tennessee. The DOJ sought declaratory, injunctive, and monetary relief, alleging that the County violated Title I of the Americans with Disabilities Act (ADA) by penalizing a county employee for taking a drug to treat his opioid use disorder. The case was assigned to Judge Waverly David Crenshaw Jr. and Magistrate Judge …

On January 18, 2023, the United States Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Middle District of Tennessee against Cumberland County, Tennessee. The DOJ sought declaratory, injunctive, and monetary relief, alleging that the County violated Title I of the Americans with Disabilities Act (ADA) by penalizing a county employee for taking a drug to treat his opioid use disorder. The case was assigned to Judge Waverly David Crenshaw Jr. and Magistrate Judge Alistair E. Newbern. 

The complainant was an employee of Cumberland County Jail and a person with a disability because he had an opioid use disorder (OUD). After undergoing a mandatory drug screening, the complainant tested negative for all "drugs of abuse," but his medication prescribed for OUD was flagged by the screening. According to the DOJ, the complainant was eventually told he could either resign or he would be fired for his use of the medication, even though it was prescribed for his OUD. The complainant filed a timely charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).

First, the DOJ alleged that the defendant had violated the ADA by failing to provide a reasonable accommodation and by constructively discharging the complainant. Next, the DOJ alleged that the Sheriff’s Office implemented a policy that prevented people taking certain legally prescribed controlled substances or medications from having those substances in their system while working for the County. The DOJ asserted that this was a discriminatory qualification that screened out or tended to screen out individuals with disabilities. Lastly, the DOJ alleged that the defendant improperly co-mingled medical records in personnel files. 

On the same day the suit was filed, the parties jointly moved for approval and entry of a consent decree. The following day, January 19, 2023, the court granted the motion and entered a consent decree requiring the County to:

  • amend its policies to ensure nondiscrimination, subject to modification and approval of the DOJ;
  • provide anti-discrimination training;
  • pay the complainant $160,000, which included back pay, interest, and compensatory damages; and
  • provide reports every 6 months to the DOJ regarding their efforts to comply with the decree.

On January 20, 2023, the case was administratively closed, but the court retained jurisdiction to enforce the terms of the consent decree for a period of 18 months from implementation. 

As of March 12, 2023 this case was ongoing. 

Summary Authors

Rhea Sharma (3/12/2023)

Documents in the Clearinghouse

Document
28-6

23-09999

Consent Decree

Jan. 18, 2023

Jan. 18, 2023

Order/Opinion
1

2:23-cv-00001

Complaint

Jan. 18, 2023

Jan. 18, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66740671/united-states-v-cumberland-county-tennessee/

Last updated March 10, 2024, 4 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Cumberland County, Tennessee, filed by United States of America. (Fee waived.) (Attachments: # 1 Attachment - Civil Cover Sheet)(kc) (Entered: 01/18/2023)

1 Attachment - Civil Cover Sheet

View on PACER

Jan. 18, 2023

Jan. 18, 2023

RECAP
2

MOTION for attorney Elaine Grant to Appear Pro Hac Vice (Fee not paid-due within 21 days) by United States of America. (Attachments: # 1 Attachment - Certificate of Good Standing)(kc) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

PACER
3

JOINT MOTION TO APPROVE AND ENTER CONSENT DECREE, by Cumberland County, Tennessee, United States of America. (Attachments: # 1 Attachment - Consent Decree, # 2 Attachment - Proposed Order)(kc) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

PACER
4

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER
5

NOTICE of Initial Case Management Conference by Telephone is set for 3/20/2023 at 10:00 AM before Magistrate Judge Alistair Newbern. (kc) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER
6

Summons issued as to Cumberland County, Tennessee. (Service pages placed in US Attorneys box at intake.) (kc) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER

TN State Bar status verified as active for Robyn Beale Williams, Kara F. Sweet admitted to this court. (kc)

Jan. 19, 2023

Jan. 19, 2023

PACER

DC State Bar status verified as active for Elaine Grant not admitted to this court - Local counsel waived. (kc)

Jan. 19, 2023

Jan. 19, 2023

PACER
7

ORDER: The Parties' Joint Motion to Approve and Enter Consent Decree 3 is GRANTED. By separate entry upon the docket, this Court will enter the Consent Decree (Doc. No. 3 -1). Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/19/2023. (kc) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER
8

CONSENT DECREE by United States of America. (kc) (Main Document 8 replaced on 1/19/2023) (kc). (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER

***Civil Case Terminated per Order 7 . (kc)

Jan. 20, 2023

Jan. 20, 2023

PACER
9

ORDER: In light of the consent decree resolving all claims in this matter 8, the initial case management conference set on March 20, 2023, is CANCELLED. Signed by Magistrate Judge Alistair Newbern on 1/20/2023. (kc) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 18, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cumberland County (Cumberland), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $160,000

Order Duration: 2023 - 2024

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Provide antidiscrimination training

Reporting

Training

Issues

General:

Record-keeping

Testing

Disability and Disability Rights:

Reasonable Accommodations

Opioid disorder/medication

Discrimination-area:

Disparate Impact

Discharge / Constructive Discharge / Layoff

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)