City Not Allowed To Round Promotional Scores To Nearest Whole Number

John Kelly and three other police officers brought a lawsuit against the City of New Haven, Connecticut, alleging that the City’s practice of rounding promotional scores to the nearest whole number violated a City charter provision. After the rounding process, the City treated all officers with the same “rounded score” as being equivalent, and ended […]

Grievance Appeal To City Manager Not Necessarily Futile

Robert Velez, Kim Pavek, Raymond Lau, and Raymond Harer were former City of Ventura, California police officers and members of the Ventura Police Officers’ Association. Each of the four suffered a work-related injury or illness that prevented their return to work. Under California law, in lieu of workers’ compensation benefits, police officers are allowed a […]

Employment Handbooks Do Not Create Job Protections In Mississippi

Stanley Starks was terminated from his job as a canine officer with the Fayette, Mississippi Police Department on July 17, 2001, “for conduct unbecoming an officer.” In 2001, Starks, two other officers, and the Police Chief were preparing to conduct a drug raid on an apartment occupied by Lenice Winston. Winston was employed as a […]

Vacancy Established Only When Appeals Exhausted

On March 6, 2001, J.L. Garcia was “indefinitely suspended” from his position of fire captain with the City of Harlingen, Texas Fire Department for insubordination, being absent without leave, and violating local rules. At the time of Garcia’s suspension, Eddie Alvarez was the only candidate on the promotional list to captain. Under Texas law, where […]

Officer Has No Right To Publicly Rebut Pending Charges Against Him

Robert Ginter was a police officer in Ashland, Nebraska. Ginter filed a lawsuit against the City alleging that a newly-elected mayor, Ronna Wiig, took office in early 2003, having promised during the election campaign to fire Ginter and the Chief of Police. Ginter claimed that his later firing violated his First Amendment rights. In particular, […]

Arbitrator, Not Courts, Should Decide The Arbitration Provisions Complied With

Ativa Stevenson, a corrections officer with the New York Department of Correctional Services, was arrested on December 30, 2003. The Department served notice of discipline of Stevenson the following day. Stevenson filed a disciplinary grievance, which was ultimately referred to arbitration. The Arbitrator initially scheduled a hearing for March 29, 2004. On the request of […]

Cat-Feeding Police Officer Does Not Have A Disability

Sarah Fulcher was a police officer for the Police and Security Service of the Veterans Affairs Medical Center in Salisbury, North Carolina. Her hire was subject to a one-year probationary period. Shortly after she was hired, Fulcher was counseled by a sergeant for feeding stray cats, conducting personal business over her police radio, and failing […]

No FMLA Violation When Officer Loses Eligibility For Sick Leave Incentive

The City of Omaha, Nebraska awards a police officer who does not take more than 40 hours of sick leave in a particular year with two hours of additional annual leave for each pay period during that year in which the officer had at least 1,000 hours of accrued sick leave. For all of 2003, […]

“Stomach Problems” Do Not Amount To A Disability Under ADA

Donald Hickey is a police officer employed by the City of Scranton, Pennsylvania. Hickey brought a lawsuit against the City, alleging that it violated the Americans With Disabilities Act (ADA) when it recently failed to reasonably accommodate his disability. The disability alleged by Hickey was “stomach problems.” A federal court had no problem dismissing Hickey’s […]

73-Year Old Police Officer Loses Age Discrimination Claim

In the year 2000, at the age of 73, William Brophy applied for work as a City of Philadelphia police officer. He had previously been a police officer for the City, but left his position in 1953. In the years following his departure from the Department, he worked in various law enforcement capacities. The Department […]

Use Of Nepotism Policy Not Guise For Racial Discrimination

The Sedgwick County, Kansas Department of Corrections hired Barnard Anderson, who is African-American, in July 2001. During Anderson’s interview for the position, he disclosed that his daughter was also employed by the Department in a different facility. The head of the program for which Anderson interviewed checked with his supervisors about hiring Anderson despite his […]