Tennessee Lawmakers Suggest Losers Of Suits Against State Workers Should Pay Their Costs

A bill in the Tennessee legislature would discourage lawsuits against state workers, by requiring losers to pay the workers’ legal costs.

It’s getting criticism from Democrats. They say it’ll protect government officials who engage in misdeeds, such as sexual harassment.

Standard practice in Tennessee courtrooms has long been that each side is responsible for paying their attorneys.
House Bill 1679 would shift that balance by requiring anyone who sues a state worker and loses to cover their legal costs.

Republicans say that will weed out “frivolous suits” filed in pursuit of a payout. But Democrats say even suits with merit will be discouraged, since potential plaintiffs — including other government workers — won’t want to risk paying thousands of dollars to the opposing side’s lawyers.

“I think this is not standing for state employees. This is silencing state employees, and it’s really silencing victims,” says state Rep. Bo Mitchell, D-Nashville.

The Tennessee House of Representatives debated the measure Thursday. Democrats say the proposal is poorly timed, noting there’s an ongoing investigation into sexual harassment at the Capitol, as well as claims of misconduct at the University of Tennessee.

In such cases, the bill might protect state employees who knew of misconduct, such as coaches, but weren’t involved directly, says House Democratic Caucus Chairman Mike Stewart, a Nashville lawyer.

Republicans counter that sexual harassment cases are a small portion of the suits that would be affected.

“Your police officers on the street, your firemen, they’re the ones who are constantly sued,” says state Rep. Mike Carter of Ooltewah.

Carter has worked as a judge and as a legal adviser to local governments. He says cities and departments often use the cost of mounting a defense to decide whether to stand by officials who’ve been accused — even when they believe the claims aren’t true.

It’s only fair, supporters of the measure say, for the defense to get their money back when they’re right. They also say there are safeguards, like giving people 45 days from the time they file to withdraw a suit without penalty, that will keep plaintiffs from being intimidated.

The state House of Representatives approved the measure on a 69-16. It’s still pending in the state Senate.