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Claiborne County Commission authorizes litigation over opioid crisis after heated debate
Summary
The Claiborne County Commission voted 12–8 on Feb. 25, 2019 to authorize the county mayor to hire legal counsel to pursue litigation related to the opioid crisis; the resolution frames the epidemic as a public nuisance and specifies that any legal work will not cost taxpayers up front.
The Claiborne County Commission voted 12–8 on Feb. 25, 2019 to authorize the county mayor to execute documents hiring legal counsel to pursue litigation addressing the county's opioid crisis.
The approved resolution (Res. 2019-015) characterizes the opioid epidemic as a public nuisance, says Claiborne County has expended funds responding to opioid-related harms, and alleges manufacturers and distributors may have violated state and federal laws intended to prevent diversion of controlled substances. The resolution cites national Centers for Disease Control and Prevention data for 2006–2015 showing Claiborne County among the highest per-capita prescribing rates (2,808 morphine milligram equivalents per person, as cited in the resolution).
Private attorney Thomas Jessee appeared to discuss possible representation; District Attorney General Jared Effler also addressed the commission, noting the county previously filed suit through the DA's office and that the case is in an appeals posture. Dan Spurlock, representing the Stand in the Gap coalition, urged commissioners to act to address the county's drug problem and future needs of affected residents.
Commissioners debated two motions to table the resolution. The first motion to table failed on a 7–13 split; a second motion to table also failed 6–14. On the final roll-call vote to adopt the resolution, 12 commissioners voted for and 8 against. The minutes record the commissioners who voted for and against the motion by name.
The resolution directs that any funds recovered through the litigation be placed in a special revenue account to be used exclusively in addressing the opioid epidemic and administered by a committee appointed by the board. It also states that the litigation will be pursued on a contingency basis so that the county will not incur costs if the contingent-fee contract governs attorney payment.
Next steps: the county mayor is authorized to sign the contract documents to retain counsel, and the commission expects any settlement or award to be held in a restricted fund for abatement and related services.
