Finding Of Dishonesty Does Not Preclude Officer From Retaining Employment

In recent years, employers and prosecutors have become increasingly concerned that any disciplinary finding of an officer’s dishonesty must be disclosed to defense attorneys in a criminal case involving the officer. In response to this concern, some police departments have either deliberately avoided making findings of misconduct (where other disciplinary charges fit the offense), or […]

Fire Captain Successfully Argues Mints Interfered With Breath Test

Ronny Hudson is a captain with the Little Rock, Arkansas Fire Department, and has been employed by the Department for 32 years. On May 15, 2003, Hudson went to the Southwest Regional Medical Center for a random drug and alcohol test, as required by Department policies. When two breathalyzer tests revealed that Hudson’s blood alcohol […]

Police Union President Loses Defamation Lawsuit Against Mayor

Sean McCausland is an Atlantic City police officer and former president of the Police Benevolent Association (PBA). McCausland sued the mayor, Lorenzo Langford, as well as other City officials alleging defamation of character. McCausland alleged that Langford referred to him as someone who had “mastered the art of suburban warfare. He has no connection to […]

Minneapolis Fire Captain Fails To Prove Anti-Union Bias

Kathy Davison is a captain with the Minneapolis Fire Department, and has been a member of Local 82 of the International Association of Fire Fighters. In Fall 2002, Davison began actively opposing the Fire Chief’s proposal to close two ladder companies. Davison was appointed head of Local 82’s committee working on the issue, attended a […]

LAPD Loses Disciplinary Penalty Due To Statute Of Limitations

Ronald Sanchez is a Police Officer III for the Los Angeles Police Department. On September 8, 1998, the Department discovered facts that gave rise to an investigation that Sanchez committed misconduct. On August 25, 1999, within one year from its discovery of the relevant facts, the Department served Sanchez with a “notice of proposed disciplinary […]

Officer Bound By Lawyer’s Recommendations For Process To Be Used At Hearing

Troy Oglesby was a police officer for the Township of Cherry Hill, New Jersey. Oglesby arrested a 20-year-old woman for shoplifting. Following her release, he appeared at her residence and invited her to accompany him as he conducted a further unauthorized investigation of the shoplifting incident. During the course of their meeting, Oglesby made sexual […]

Supreme Court Curtails Public Employee Speech Rights

By Michael P. Stone, Esq. and Marc J. Berger, Esq. The United States Supreme Court has drastically narrowed the so-called “whistleblower” protections for public employees by holding that the First Amendment offers no protection for employee statements made in the course of performing official duties. Previously, liability could be imposed on public employers for taking […]

City Not Allowed To Change Dispatch Procedure For Medical Calls

The collective bargaining agreement between Local 2215 of the International Association of Fire Fighters and the City of Gardner, Massachusetts calls for a general procedure for the dispatch of medical calls. In February 2003, the City changed the processes by which calls were dispatched. Under the prior method, all emercengy calls were routed to the […]

Police Captain’s Cancer Not Covered By ADA

In the wake of four Supreme Court decisions in recent years, successful Americans With Disabilities Act (ADA) lawsuits have been few and far between. The reason why employees have been so notably unsuccessful in ADA claims (a recent survey showed employees winning less than five percent of the ADA claims) has been the high hurdle […]

Firefighter Applicant Loses ADA Lawsuit

In 2002, Douglas Bradley applied for the position of firefighter/EMT with Arlington County, Virginia. Bradley received an offer of employment conditioned on his passing a mental health examination. The County had contracted with the Law Enforcement Assessment Center (LEAC) to conduct psychological analysis of applicants and give opinions on their mental status. During Bradley’s examination, […]

Q & A

From Oklahoma Question: Are there any cases where officers have sued their department for monetary losses incurred during paid suspensions that last for weeks, and result in no or very minimal discipline for minor violations? I am talking about income lost from regular extra-duty employment or the loss of working overtime. Our officers are routinely […]