This case was last updated from U.S. District Courts on 04/27/2022 at 05:49:13 (UTC).

UNITED STATES OF AMERICA v. THE TOWN OF CLARKSVILLE, INDIANA

Case Summary

On April 25, 2022, the United States of America (“Plaintiff”), represented by Jeffrey D. Preston of the United States Attorney’s Office at Indianapolis, filed a civil right lawsuit against the Town of Clarksville, Indiana (“Clarksville” or “Defendant”), seeking injunctive relief, compensatory damages and other reliefs for the Defendant’s alleged discrimination on the basis of disability. This case was filed in U.S. District Court in the Southern District of Indiana with Judges Tanya W. Pratt and Judge Debra M. Lynch presiding.

 

In their complaint, the Plaintiff alleged that “Complainant is an individual with a disability within the meaning of 42 U.S.C. § 12102 because he has the human immunodeficiency virus (HIV), a physical impairment that ‘substantially limits immune function.’ 29 C.F.R. § 1630.2(j)(3)(iii) [...] Complainant is also an individual with a disability within the meaning of the ADA because Defendant regarded Complainant as having a disability when it withdrew his conditional offer of employment based on his perceived impairment. 42 U.S.C. § 12102(3).”

 

The Plaintiff further alleged that, “During all relevant time periods, Complainant is and has been qualified to perform the essential functions of a police officer.”

 

The Plaintiff then alleged that, “the examiner advised Clarksville’s Police Chief that in his opinion Complainant did not meet the statewide medical standards because his HIV was a ‘communicable disease’ that posed a ‘significant risk of substantial harm to the health and safety’ of his colleagues and the public. [...] The medical examiner cited no objective scientific or medical evidence in support of his opinion that Complainant posed a risk to others because of his HIV.”

 

The Plaintiff also alleged that, “Clarksville’s Police Chief that in his opinion Complainant did not meet the statewide medical standards because his HIV was a ‘communicable disease’ that posed a ‘significant risk of substantial harm to the health and safety’ of his colleagues and the public.”

 

The Plaintiff finally alleged that, “Clarksville’s actions delayed the start of Complainant’s career in law enforcement and caused him significant emotional distress, including humiliation, depression, and anxiety, as well as other monetary and dignitary harms.”

 

The only claim for relief laid down by the Plaintiff is for the alleged violation of Title I of the Americans with Disabilities Act, 42 U.S.C. §§ 12111-12117, wherein it has been alleged that Defendant discriminated against Complainant by withdrawing Complainant’s conditional offer of employment as a police officer on the basis of his disability, HIV.

 

In their prayer for relief, the Plaintiff requested the Court to pass a judgment in favor of the United States and declare that Defendant has violated Title I of the ADA, 42 U.S.C. §§ 12111-12117, and its implementing regulation. The Plaintiff further requested that the Court grant an order modifying Defendant’s policies, practices, and procedures as necessary and for an award of compensatory damages, including damages for emotional distress, for injuries suffered as a result of the discrimination alleged in this Complaint pursuant to 42 U.S.C. § 1981a and for such further relief as the Court may deem proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:22-CV-00056

  • Filing Date:

    04/25/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Employment Disability Discrimination

Judge Details

Presiding Judge

Tanya Walton Pratt

Referral Judge

Debra McVicker Lynch

 

Party Details

Plaintiff

UNITED STATES OF AMERICA

Defendant

THE TOWN OF CLARKSVILLE, INDIANA

Attorney/Law Firm Details

Plaintiff Attorney

Jeffrey D. Preston

Attorney at UNITED STATES ATTORNEY'S OFFICE (Indianapolis)

10 West Market Street, Suite 2100

Indianapolis, IN 46204

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

#2

(#2) NOTICE of Appearance by Jeffrey D. Preston on behalf of Plaintiff UNITED STATES OF AMERICA. (Preston, Jeffrey) (Entered: 04/25/2022)

#3

(#3) MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) (Entered: 04/26/2022)

#4

(#4) NOTICE of Appearance by Adam F. Lewis on behalf of Plaintiff UNITED STATES OF AMERICA. (Lewis, Adam) (Entered: 04/26/2022)

#5

(#5) NOTICE of Appearance by Alyse Bass on behalf of Plaintiff UNITED STATES OF AMERICA. (Bass, Alyse) (Entered: 04/26/2022)

 

Docket Entries

  • 04/26/2022
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  • Docket(#5) NOTICE of Appearance by Alyse Bass on behalf of Plaintiff UNITED STATES OF AMERICA. (Bass, Alyse) (Entered: 04/26/2022)

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  • 04/26/2022
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  • Docket(#4) NOTICE of Appearance by Adam F. Lewis on behalf of Plaintiff UNITED STATES OF AMERICA. (Lewis, Adam) (Entered: 04/26/2022)

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  • 04/26/2022
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  • Docket(#3) MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) (Entered: 04/26/2022)

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  • 04/25/2022
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  • Docket(#2) NOTICE of Appearance by Jeffrey D. Preston on behalf of Plaintiff UNITED STATES OF AMERICA. (Preston, Jeffrey) (Entered: 04/25/2022)

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  • 04/25/2022
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  • Docket(#1) COMPLAINT against THE TOWN OF CLARKSVILLE, INDIANA, filed by UNITED STATES OF AMERICA. (No fee paid with this filing) (Attachments: #1 Civil Cover Sheet)(Preston, Jeffrey) (Entered: 04/25/2022)

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