Trial Magazine

Brent Hilliard, 52, was a captain in the Twin Falls County Sheriff’s Office. After his fifth back surgery, he returned to light-duty work. The next month, Hilliard, who was taking prescription pain medications, was taken off duty and told by the sheriff that he could return when he was off the medications. Approximately 10 days later, Hilliard told his employer that he could return to work without the medications.

Hilliard was then subjected to a fitness-for-duty exam and a substance abuse exam. The psychologist who conducted the fitness-for-duty exam questioned whether Hilliard had a substance abuse problem and did not state that he was fit for duty. Although Hilliard submitted two medical opinions stating he could return to work, the county refused to allow him to return. He became depressed and was arrested for driving under the influence. As a result, he was fired from his job, at which he had been earning approximately $60,000 annually.

Hilliard sued the sheriff’s office and the county, alleging violation of the ADA and negligent infliction of emotional distress. He asserted that it was discriminatory for the defendants to regard him as having a substance abuse disability when he did not.

The jury awarded over $664,200.

Citation: Hilliard v. Twin Falls Cty. Sheriff’s Office, No. 1:18CV00550 (D. Idaho Nov. 18, 2021).

Plaintiff counsel: AAJ members Jeffrey J. Hepworth and J. Grady Hepworth, both of Boise, Idaho.

Plaintiff expert: Robert Swotinsky, occupational medicine, Sudbury, Mass.