NASHVILLE, Tenn. (AP) - A state lawmaker accused of sexually harassing female staff wants to prevent the results of an attorney general's office investigation from becoming public.
State Rep. Jeremy Durham on Friday filed a lawsuit in which he claims the investigation violates the Tennessee Constitution and his right to due process.
House Speaker Beth Harwell asked the attorney general's office to investigate after several women alleged inappropriate behavior by Durham, both in person and via text messages. She also formed a special committee.
Durham, R-Franklin, stepped down as House majority whip in January and withdrew from the Republican caucus. He also took a two-week break to seek unspecified medical and pastoral counseling. But he has denied any wrongdoing and has resisted calls from GOP leaders that he resign his seat.
Durham's lawsuit says no formal sexual harassment complaint has been filed against him. It also says Durham has not been allowed to know exactly what he is accused of, an accusation Attorney General Herbert Slatery disputes.
In April, Slatery released a preliminary report finding that Durham could pose a risk to "unsuspecting women" at the Capitol complex and recommending the House take action to avoid a hostile work environment for women there.
In response, Harwell moved Durham's office to another building and limited his access to committee rooms and the House chamber to when meetings were taking place.
Durham's lawsuit seeks to stop the release of Slatery's final report on the investigation, which could come on Wednesday. It says releasing the report before early voting begins on Friday will damage Durham's chance for re-election.
The suit seeks a temporary court order that would become permanent if the court were to find that the investigation does violate Durham's constitutional right to due process and the separation of powers outlined in the Tennessee Constitution.
Durham argues that only the legislature can investigate its members.
In a response to the lawsuit filed late Monday, Slatery argues that Durham's claims have no merit. He says his investigation is an "act of cooperation" with the legislature that does not violate the separation of powers doctrine. He also says the committee Harwell appointed acted within its authority to ask him to investigate the accusations against Durham.
Finally, Slatery argues that Durham cannot claim due process violations because the U.S. Supreme Court has found individuals have no property or liberty interest in an elected office.
Durham "wants only to prevent the House from investigating allegations about his use and abuse of his position of power as a member of the House. It cannot be in the public interest to prevent that investigation," the response reads.
A hearing in Davidson County Chancery Court on the request to stop the report's release is scheduled for Tuesday.
Harwell issued a statement saying, "It's unfortunate that Representative Durham is choosing to delay the Ad Hoc Committee's work, which should be brought to a conclusion, and the results of the investigation made public."