Smith County, Tennessee Government Accountability

Failed Duties and Responsibilities

Duties of Sheriff’s Deputies & Their Responsibility to Act When Notified of Violations

Sheriff’s deputies are sworn law‑enforcement officers. Their duties come from Tennessee statutes, POST standards, constitutional requirements, and federal civil‑rights law. Deputies are responsible not only for enforcing the law, but also for protecting rights and responding appropriately when violations are reported.

Below is a clear summary of what deputies must do.

1. Deputies Must Enforce State Law — Even Internally

Deputies are required to enforce Tennessee criminal and traffic laws, including violations committed by:

  • members of the public
  • county employees
  • other deputies
  • courthouse staff

If a deputy is informed that a law has been broken, they must:

  • document the information
  • report it to a supervisor
  • take appropriate action based on policy

They cannot ignore reported violations.

2. Deputies Must Protect Constitutional Rights

Deputies swear an oath to uphold:

  • the U.S. Constitution
  • the Tennessee Constitution

This includes:

  • Equal Protection
  • Due Process
  • Access to the courts
  • Freedom from discrimination

If a deputy is informed that a policy or order is violating constitutional rights, they must:

  • report the issue
  • avoid participating in unlawful conduct
  • follow department policy for escalation

They cannot knowingly enforce unconstitutional practices.

3. Deputies Must Follow ADA Title II Requirements

Under ADA Title II, deputies must ensure:

  • equal access to courthouse services
  • reasonable accommodations
  • nondiscriminatory treatment
  • accessible entry procedures

If a deputy is informed of an ADA violation — such as a person being denied access due to a disability‑related device — they must:

  • notify a supervisor
  • contact the ADA Coordinator
  • allow reasonable modifications when required
  • document the incident

They cannot enforce a policy that violates ADA rights.

4. Deputies Must Refuse to Enforce Unlawful Administrative Orders

Deputies must follow lawful orders, but not orders that violate:

  • federal law
  • ADA Title II
  • constitutional protections
  • Tennessee statutes

If a deputy is informed that an administrative order is unlawful, they must:

  • report the conflict to a supervisor
  • request clarification
  • avoid enforcing the unlawful portion
  • follow department policy for escalation

Deputies are not permitted to enforce unconstitutional or discriminatory orders.

5. Deputies Must Document and Report Violations

POST standards and sheriff’s office policies require deputies to:

  • write reports
  • document incidents
  • preserve evidence
  • notify supervisors
  • follow chain‑of‑command

If a deputy is informed of:

  • ADA violations
  • civil‑rights violations
  • unlawful discrimination
  • unsafe courthouse access
  • illegal enforcement practices

…they must document and report the issue. Failure to report can itself be a policy violation.

6. Deputies Must Provide Equal Treatment

Deputies must treat all members of the public equally, regardless of:

  • disability
  • race
  • gender
  • status
  • profession
  • relationship to the court

If a deputy is informed that a policy is being applied unequally — such as banning the public from carrying items while allowing attorneys and staff to carry the same items — they must:

  • report the unequal enforcement
  • avoid participating in discriminatory practices
  • follow ADA and civil‑rights requirements

Selective enforcement is prohibited.

7. Deputies Must Ensure Safe and Lawful Courthouse Access

Deputies are responsible for:

  • courthouse entry
  • security screening
  • public access
  • ADA accommodations
  • nondiscriminatory procedures

If a deputy is informed that someone cannot enter due to:

  • medical equipment
  • disability‑related devices
  • communication aids
  • medication bags

…they must:

  • allow reasonable accommodations
  • notify the ADA Coordinator
  • report the issue
  • avoid enforcing discriminatory bans

They cannot block access unlawfully.

8. Deputies Must Avoid “Deliberate Indifference”

Under federal civil‑rights law, deputies cannot:

  • ignore reported violations
  • dismiss ADA concerns
  • refuse to document complaints
  • continue enforcing unlawful policies

Doing nothing after being informed of a violation is considered deliberate indifference, which is prohibited.