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Employment & Labor Law for Public Safety Agencies
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Suicide Related
Monthly Law Journal Article: Suicide
and Public Safety Officers: Disciplinary, Medical and Compensation Issues,
2007 (5) AELE Mo. L. J. 201.
Federal court rejects
an ADA and FMLA challenge to the termination of a police sergeant that
threatened to kill himself. Prichard v. City of Bryant, 4:04-cv-00660,
2006 WL 751296, 2006 U.S. Dist. Lexis 22720, 11 WH Cases2d (BNA) 882, Pacer
Doc #41 (E.D. Ark. 2006), relying on Spades v. City of Walnut Ridge, #98-4119,
186 F.3d 897 (8th Cir. 1999). [2006 FP Sep]
California appeals court orders the reinstatement
of a police officer who, while off-duty, put a gun to his head and disobeyed
an off-duty sergeant. There was no medical evidence supporting the claim
he was dangerous or suicidal. Brazier v. City of Rialto, #E034910, 2004
Cal. App. Unpub. Lexis 11403 (2004). [2005 FP May]
Ninth Circuit rejects the suit of a former
detective who claims constructive discharge because management purportedly
terminated her because of her disability (depression and attempted suicide).
However, she sufficiently alleged a claim of intimidation to warrant the
trial of her lawsuit. Brown v. City of Tucson, #01-16938, 2003 U.S. App.
Lexis 15061 (9th Cir. 2003). [2003 FP Oct]
Second Circuit overturns the summary dismissal
of a claim that a public employee was fired because her superiors thought
she might be suicidal. Suicide is a mental illness and a protected disability
under the Rehabilitation Act. Peters v. Baldwin School Dist., #02-7018,
320 F.3d 164, 2003 U.S. App. Lexis 2510, 13 AD Cases (BNA) 1793 (2nd Cir.
2003). [2003 FP Sep]
Supreme Court declines to review an appellate
holding that rejected federal death benefits for the widow of a police
officer who killed himself due to job-related stress. Yanco v. U.S., #00-5058,
258 F.3d 1356 (Fed. Cir. 2001); rev. den., #01-674, 122 S. Ct. 921, 2002
U.S. Lexis 530 (2002). [2002 FP Apr]
Employers cannot be sued for a suicide following
an allegedly age-biased reduction in the workforce. Kulling v. Grinders,
#99-74339, 115 F.Supp.2d 828, 2000 U.S. Dist. Lexis 15134 (E.D. Mich.).
The fact a police officer that killed himself
was suffering from stress is an insufficient basis to support a workers'
compensation death benefit claim. Musa v. Nassau Co. Police Dept., #85645,
276 A.D.2d 851, 714 N.Y.S.2d 545 (App. Div. 3rd Dept. 2000). {N/R}
Federal appeals court rejects ex-officer's
ADA and FMLA suit to set aside his termination after he attempted suicide.
Spades v. City of Walnut Ridge, #98-4119, 1999 U.S. App. Lexis 17894, 186
F.3d 897, 9 AD Cases 1015 (8th Cir.). [1999 FP 139-140]
If medication corrects an illness, the individual
is no longer a person with a federally-recognized disability. Murphy v.
United Parcel Serv., # 97-1992, 119 S.Ct. 2133, 1999 U.S. Lexis 4370. {N/R}
California appellate court holds that negligent
treatment of a suicidal patient or worker extends to outpatient therapy.
Kockelman v. Segal, 61 Cal.App. 4th 491, 1998 Cal.App. Lexis 104, 71 Cal.Rptr.
2d 552. [1998 FP 94-5]
Federal judge dismisses a suit by brought
by the father of an officer who killed himself, asking damages from the
police chief. There was no evidence the chief knew of the officer's suicidal
tendencies and workers' comp. laws provide an exclusive remedy. Hanrahan
v. City of Norwich, 959 F.Supp. 118 (D.Conn. 1997). {N/R}
Federal appeals court upholds termination
of worker who twice tried to kill herself. Because she worked in a health
care facility, caring for others, she could not be trusted to act responsibly.
EEOC had claimed the employer was irrationally biased against persons who
attempt suicide. EEOC v. Amego, 1997 U.S.App. Lexis 6455, 110 F.3rd 135
(1st Cir.). [1997 FP 124-6]
Appellate court approves the award of worker's
comp death benefits for family of police sergeant who killed himself. Deceased
suffered stress from low performance evaluations. Chu v. WCAB, #D025723,
57 Cal.Rptr.2d 221, 49 Cal.App.4th 1176, 1996 Cal.App. Lexis 928. [1997
FP 93-4]
Federal court in Chicago rejects the attempt
of the EEOC to extend the "direct threat" exception to the ADA
to the disabled person him/herself. The "direct threat" must
be to others. (This case did not involve a suicide-related threat). Kohnke
v. Delta Airlines, 932 F.Supp. 1110 (N.D.Ill. 1996). {N/R}
Appellate court denies W.C. benefits to family
of a police officer who fatally shot himself while on duty. His stress
and drinking problems were caused by marital and personal problems. Kriete
v. Port Auth. N.Y.N.J., 617 N.Y.S.2d 560 (A.D. 1994). {N/R}
Kansas and Wyoming allow worker's comp benefits
for suicides, both of which followed a compensable physical injury. State
v. Ramsey, 839 P.2d 936 (Wyo. 1992); Rodriguez v. Henkle D&S, 828 P.2d
1335 (Kan.App. 1992). [1994 FP 45]
City could require a police officer, on medical
leave for attempted suicide, to release her psychiatric records before
reinstating her to full duties. Disclosure requirement did not violate
the A.D.A. Thompson v. City of Arlington, 838 F.Supp. 1137 (N.D.Tex. 1993).
[1994 FP 77-8]
Attempted suicide sufficient grounds to terminate
a police officer, but not adequate to warrant termination of other public
employees. City of Greenwood v. Dowler, 492 N.E.2d 1081 (Ind.App. 1986).
Disputed psychiatric testimony can be supported
by proven behavior. Officer's suicide threat, when taken with negative
psychological evaluation, warranted his severance. Galas v. Ward, 564 N.Y.S.2d
117 (A.D. 1990).
Demotion of police officer to unarmed civilian
position was proper after suicide attempt; his alleged recovery irrelevant.
Herman v. Cmwlth. Dept. of General Services, 475 A.2d 164 (Pa. Cmwlth.
1984).
Uncorroborated accusations of sexual harassment
dismissed by court where employer proved the employee lied about drug use,
an attempted suicide and prior terminations. Churchman v. Pinkerton's Inc.,
756 F.Supp. 515 (D.Kan. 1991). [1992 FP 45]
Widow accepts $7,500 to settle suit against
the Postal Service following her husband's on-the-job suicide. Complaint
alleged harassment, retaliation and disability discrimination. Barnes v.
U.S. Postal Service, #93-162, 32 (1576) G.E.R.R. (BNA) 982 (E.D.Cal. 1994).
{N/R}
Deputy sheriff who suffered severe anxiety
from assisting a teenage gunshot-suicide victim was not entitled to recover
workers" comp. benefits. Mental and stress claims must be accompanied
by a physical injury in Montana. Stratemeyer v. Lincoln County, 855 P.2d
506 (Mont. 1993). {N/R}
Suicide attempt is not compensable in South
Dakota when produced solely by mental stimuli or stress, even if work-related.
Lather v. Huron College, 413 N.W.2d 369 (S.D. 1987).
Police officer was properly discharged following
suicide attempt resulting from stress of marriage, career, and finances,
despite conflicting evidence. City of Greenwood v. Dowler, 492 N.E.2d 1081
(Ind.App. 1986).