x
Breaking News
More () »

Federal judge dismisses ex-lawmaker Jeremy Durham's legal attempt to recoup lifetime benefits

In August, Durham filed the lawsuit against the state finance commissioner, the legislative administrator and the state treasurer seeking health care and pension benefits.
Jeremy Durham

Expelled former lawmaker Jeremy Durham can't recoup lifetime benefits he lost out on due to his legislative ouster, according to a ruling issued Friday by a federal judge.

That's because the Franklin Republican's federal lawsuit seeking benefits was not filed against the Tennessee General Assembly, the entity that caused his expulsion, ruled U.S. District Judge Aleta Trauger.

In August, Durham filed the lawsuit against the state finance commissioner, the legislative administrator and the state treasurer seeking health care and pension benefits.

Jeremy Durham

"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."

A 2016 Tennessean investigation revealed Durham sent several late-night, lewd text messages to several women. The investigation prompted Durham to resign his position as House majority whip and spurred a Tennessee attorney general inquiry.

That inquiry revealed in July 2016 that Durham had engaged in inappropriate sexual contact with at least 22 women. Days after the release of the report, Durham announced he would not seek re-election but refused to give up his seat.

If Durham had stayed in office for his entire term, he would have served the four years necessary to make him eligible for lifetime health care and pension benefits. However, the House voted in September 2016 to expel him by a 70-2 margin.

More: State asks judge to dismiss Jeremy Durham's federal lawsuit

In Durham's lawsuit, he argued his expulsion was unconstitutional and he was therefore entitled to additional benefits. The state argued it was not the entity that ousted him, but simply followed the law applicable after his expulsion.

A spokesman for the Tennessee attorney declined comment. Bill Harbison, one of Durham's attorneys, did not immediately return a phone call Friday seeking comment.

Durham remains under state and federal criminal investigation, according to information obtained by The Tennessean.

Reach Dave Boucher at 615-259-8892, dboucher@tennessean.com and on Twitter @Dave_Boucher1.

Before You Leave, Check This Out