CLARKSVILLE, TN (CLARKSVILLE NOW) – A Hispanic veteran has sued Montgomery County for the violation of civil rights and the Americans with Disabilities Act after he was fired from his job with the Sheriff’s Office after an on-the-job incident triggered his PTSD symptoms.

According to the lawsuit, filed March 15, the county violated the ADA, Title VII of the Civil Rights Act and the Tennessee Human Rights Act by firing then-Sgt. SRO Nelson Rodriguez and not finding a reasonable accommodation for his disability. Also, as a Hispanic person, Rodriguez is a member of a protected class under Title VII and the THRA.

The case was filed in the U.S. District Court for the Middle District of Tennessee.

Emergence of PTSD symptoms

Rodriguez began working at the Sheriff’s Office as a school resource officer in October 2019, and he was diagnosed with post-traumatic stress disorder “many years ago” after enduring several traumatic incidents during military service, according to the lawsuit.

Prior to working as a SRO, the lawsuit states Rodriguez was a sergeant for the Clarksville Police Department for almost 16 years. He also served in law enforcement with the Army National Guard for eight years, and 13 years with the Navy Reserves. Currently, Rodriguez serves in the Air National Guard.

On June 17, 2020, Rodriguez was involved in an on-duty crash when another officer hit his vehicle. After the crash, MCSO sent Rodriguez to see an unnamed physician assistant, and he was to return for a follow-up visit approximately one week after. He was placed on a leave of absence in the meantime.

During the period between his first and second appointments, Rodriguez noticed his PTSD symptoms had worsened. At the second appointment, Rodriguez told the physician assistant about this. The physician assistant allegedly told Rodriguez he would “pray for” him, and Rodriguez was discharged from his care, the lawsuit said.

Rodriguez then went to see Dr. Phillip Miller, his primary care physician. Miller advised Rodriguez he should take time off work while he sought PTSD treatment, and Rodriguez disclosed the severity of his symptoms to the county when he requested a medical leave of absence until Aug. 17, 2020.

During the leave of absence, he met with the county’s then-Director of Human Resources Tim Swaw to discuss potential accommodations for his disability, including a possible transfer to another position.

Lack of accommodation complaint

On July 15, 2020, Rodriguez emailed Swaw to inquire about an open field assessor position with the Montgomery County Assessor of Property office. Swaw told Rodriguez he should apply online, so he did the next day.

The lawsuit said he then received either an email or voicemail from Property Assessor Erinne Hester about his application, to which the lawsuit alleges he promptly responded. Neither Hester nor anyone else from the Assessor of Property’s office responded back.

In the meantime, Miller prescribed Rodriguez a medication for the PTSD symptoms. The lawsuit said one of the medications helped Rodriguez sleep. On Aug. 17, 2020, Miller released Rodriguez to return to work without restrictions.

Rodriguez texted Lt. Carlos Silva, head of MCSO’s School Resource Division, and told him that he had been released to return to work. Silva responded, and said Rodriguez needed to undergo a fit-for-duty examination with Dr. Harold Kent Hughes, a psychologist, before he could return to work.

At the examination, the lawsuit states Hughes expressed concern about the medication. Rodriguez explained the medication was prescribed at a low dose and was working. Hughes said he would recommend the county place Rodriguez on light duty until he had been taking the medication for a longer period of time.

On Aug. 25, 2020, Rodriguez was called into a meeting to discuss the results of the fit-for-duty examination. At that meeting, Rodriguez was fired.

Unequal treatment complaint

The county’s reasoning for firing Rodriguez was he had failed to “maintain the pre-employment standards” as required by the rules of the Tennessee Peace Officer Standards and Training Commission, or POST rules.

The lawsuit states Rodriguez was told the county would consider rehiring him once he “took care of” his PTSD, and that they knew about Rodriguez’s disability when he was hired.

Rodriguez said there were other, similarly situated non-Hispanic employees who were provided accommodations. The lawsuit states the county reassigned another deputy to janitorial duty for approximately one year and ultimately transferred the employee to another position as an accommodation.

Montgomery County attorney Tim Harvey declined to comment on ongoing litigation. Jesse Harbison and Jerry Gonzalez, the attorneys representing Rodriguez, also declined to comment.

The case management conference has been scheduled for June 1.