United States District Court, N.D. Mississippi, Greenville Division
MEMORANDUM OPINION AND ORDER
M. Brown, UNITED STATES DISTRICT JUDGE
the Court are two motions filed by Bolivar County: (1)
“Defendant's Motion for Declaratory Judgment,
” Doc. #11; and (2) “Defendant's Motion to
Deposit Funds, ” Doc. #16.
and Procedural History
November 17, 2015, the United States of America filed a
complaint in this Court against Bolivar County, seeking
declaratory, equitable, and monetary relief. Doc. #1. The
complaint asserted a claim under Title I of the Americans
with Disabilities Act, 42 U.S.C. §§ 12111-12117,
for alleged discrimination by the Bolivar County Regional
Correctional Facility (“BCRCF”) against Tommey
Gomillia, an applicant for a correctional officer position.
Id. On March 17, 2016, this Court entered a consent
decree (“Consent Decree”), agreed to by the
parties, terminating this action. Doc. #10.
relevance here, the Consent Decree: (1) prohibits Bolivar
County from engaging in any act or practice of employment
discrimination in violation of Title I of the ADA; (2)
directs Bolivar County to provide training on Title I of the
ADA; and (3) requires Bolivar County to file biannual reports
on its efforts to comply with the Consent Decree.
Id. at 3-4. Additionally, paragraph 12 of the
Consent Decree provides:
Bolivar County shall offer to Mr. Gomillia:
a. Within one (1) year of the effective date of this Consent
Decree, the first available position of Correctional Officer
at BCRCF, with a remedial seniority date of September 6,
2011, subject to passing all physical and/or other applicable
preemployment requirements. Bolivar County shall apply the
remedial seniority date of September 6, 2011 to salary
increases (such that Mr. Gomillia will be instated at the
salary he would have been entitled to had he been employed
since the remedial seniority date), all non-competitive job
benefits that are based on time served in the position, and
competitive seniority status for all purposes.
b. Adjustment of Mr. Gomillia's retirement date, with all
associated rights and benefits, to reflect no lost time
between September 2011 and the date of his reinstatement
under paragraph 12(a).
c. Within thirty (30) days of the effective date of this
Consent Decree, a total monetary award of $99, 999.99, which
i. A monetary award in the gross amount of $47, 072.00, which
will be designated as back pay. This monetary amount shall be
subject to any applicable federal, state, and local taxes, in
addition to other payroll tax withholding deductions, and
Bolivar County shall issue an IRS Form W-2 to Mr. Gomillia
for this amount.
ii. A monetary award of $3, 363.95, which will be designated
as accumulated interest on the back pay. This amount shall
not be subject to withholding deductions, and Bolivar County
shall issue an IRS Form 1099-INT to Mr. Gomillia for this
iii. A monetary award of $49, 564.04, which will be
designated as compensatory damages. This amount shall not be
subject to withholding deductions, and Bolivar County shall
issue an IRS Form 1099 to Mr. Gomillia for this amount.
Id. at 5-6.
4, 2016, Bolivar County filed the instant motion for
declaratory judgment. In its motion, Bolivar County seeks
“declaratory relief adjudicating, construing and
interpreting whether the phrase a ‘total monetary award
of $99, 999.99' in Section IV Individual Relief
Section 12 (a)-(c) of the Consent Decree (Doc. 10) entered by
the Court on March 17, 2016, requires Bolivar County to pay
$8, 371.14, above the agreed upon amount, ” relative to
“the dispute concerning the payment of $8, 371.14 to
the Public Employees Retirement System on behalf of Tommey
Gomillia.” Doc. #11 at 1. More precisely, Bolivar
County, in its accompanying memorandum brief, requests an
interpretation by the Court which would result in an order
“(a) declaring that Bolivar County owes ‘a ...