NEW ORLEANS – The Orleans Parish Sheriff's Office is the target of another federal lawsuit – this time by a former employee who claims she was wrongfully terminated for violating the department’s drug-testing policy.
Plaintiff Nicole Joseph-Ford, a New Orleans resident and who worked as the department’s Maintenance System Specialist, filed her lawsuit August 7 in the U.S. District Court for the Eastern District of Louisiana.
The named defendants include the sheriff’s office; Sheriff Susan Hutson; Maintenance Supervisor Ronald Coleman; various “Does,” or unnamed individuals; and insurers.
Joseph-Ford claims the defendants were involved in a “scheme” to deprive her of her federally-protected and state-protected constitutional rights.
Joseph-Ford said she was diagnosed with Post Traumatic Stress Disorder, anxiety, and insomnia in 2020, and was prescribed medical marijuana. She has been under the care of a psychologist since then, she said.
“During the term of her employment with OPSO, Plaintiff Joseph-Ford religiously provided the OPSO with a current copy of her prescription by dropping same [sic] at the Training Building as she was directed to do by the OPSO, and OPSO policy and procedures,” her 31-page complaint states, noting the last prescription she provided was dated Nov. 18, 2024.
“Despite knowing Plaintiff Joseph-Ford’s medical history, her medical condition and medical marijuana prescription and use, OPSO, Hutson, and NCAAP Supervisor subjected Joseph-Ford to a drug test and used the presence of marijuana as pretext to terminate Joseph-Ford’s employment with the OPSO.”
Hutson, along with the sheriff’s office, was sued in the same federal court in June over claims they discriminated against and terminated a former deputy due to his diabetic medical needs.
Joseph-Ford, who worked with the OPSO in various capacities over the years, claims Hutson failed to adequately train and supervise staff regarding proper practices to “guard against” the unlawful termination of individuals that have medical conditions requiring medical marijuana prescriptions like hers.
“Hutson authorized and allowed staff practices that predictably resulted in the sexual harassment, improper use of the OPSO drug testing policy, unlawful termination, retaliation, discrimination, and other unlawful employment practices,” the complaint states.
“Jutson also failed to train and supervise OPSO staff to respond to employee assertions of harassment promptly and thoroughly.”
Joseph-Ford argues in her filing that Hutson has a duty to ensure drug testing policies and procedures are not improperly applied and used to harass.
Coleman, who oversaw special projects for the sheriff’s office and was Joseph-Ford’s supervisor, also failed to adequately train and supervise his staff, the plaintiff argues.
In addition, she contends he improperly used “ill-gotten” test results as a pretext for terminating her employment and denying her unemployment benefits.
Joseph-Ford’s employment was terminated Jan. 7, 2025 after testing positive for marijuana.
“On belief and information, Coleman was delivering on his promise to cause trouble for Plaintiff when he contributed to Plaintiff’s termination,” the complaint states.
“Plaintiff had witnessed Coleman having an argument with an employee of another race. When Plaintiff would not side with Coleman on the issue, Coleman threatened Plaintiff with the words, ‘You’re on Charles’ side. Stay there, because it’s on.’”
Joseph-Ford contends Hutson, Coleman, and the Does also made false – private and public – accusations that she was on drugs.
And the accusations, she argues, continued after her termination.
“The Plaintiff, an African American woman, faced significant challenges in securing another position following her termination not only because of her wrongful termination but also because of the actions of Defendants after her termination,” the complaint states.
“On information and belief, whenever Defendants are contacted to verify Plaintiff’s employment with Orleans Parish Sheriff Office, Defendants would go beyond the scope of routine employment verification and provided [sic] information, true or untrue, that would scuttle Plaintiff’s chance at securing the employment in question.”
The defendants, Joseph-Ford alleges, also represented to the Louisiana Workforce Commission that her termination was for illegal drug use, causing the commission to deny her unemployment benefits she "desperately needed.”
Joseph-Ford seeks at least $1 million in monetary, compensatory, and other damages.
“At minimum, Plaintiff has a constitutionally protected right to be free from discrimination as well as a right not to be picked on for her medical issues and/or use of medically prescribed marijuana so long as such Plaintiff’s medical condition and marijuana use did not interfere with her employment,” the complaint states.
The Law Offices of Pius A. Obioha & Associates APLC in New Orleans is representing Joseph-Ford.
