Durham to appeal dismissal of suit against state
Ousted ex-lawmaker Jeremy Durham will appeal a recent federal court ruling that dismissed his lawsuit seeking to force the state of Tennessee to provide him health benefits and a pension.
Durham’s attorney filed a notice Thursday in federal court announcing the intent to appeal the decision to the U.S. Court of Appeals for the Sixth Circuit.
Bill Harbison, one of Durham’s attorneys, did not immediately respond to a phone message left Friday.
In early December, U.S. District Judge Aleta Trauger ruled Durham’s case must be dismissed because he sued the wrong entities.
“The defendants, who took no part in [the expulsion], simply acted upon the facts presented to them: [Durham] had been expelled from the General Assembly and was thereby rendered ineligible for lifetime health insurance,” the ruling states.
“Suing the named defendants in this case amounts to an attempt to make an end-run around a challenge to the expulsion itself.”
In August, Durham filed a federal lawsuit against the state arguing his expulsion from the legislature was unconstitutional.
Durham’s 2016 expulsion from the state legislature came after investigations into alleged sexual and financial misconduct by the Franklin Republican.
In early 2016, a Tennessean investigation found several women who had received late-night, lewd messages from Durham. The report prompted an inquiry by the Tennessee attorney general, who later published findings that Durham had engaged in inappropriate sexual contact with at least 22 women.
After the report’s release, Durham downplayed his actions but announced he would not seek re-election. However, he refused to resign. Had he remained in his seat until the end of his term, he would have been eligible for extensive health benefits and a pension.
However, the state argues that his expulsion by a 70-2 vote forced him to leave the legislature before he’d served enough time to become eligible for the benefits.
Appeals can take months.
State and criminal investigations into Durham appear to be ongoing. Durham faced the largest fine in Tennessee state ethics history in relation to allegations of widespread misspending of campaign funds.
He is also attempting to appeal that $465,000 fine.
Reach Dave Boucher at 615-259-8892, dboucher@ tennessean.com and on Twitter @Dave_Boucher1.