A federal jury has awarded
nearly $1 million in wages and damages to a former McPherson, Kansas, police
officer who was fired after being found asleep on duty.
According to the McPherson
Sentinel, Matthew B. Michaels alleged the city violated his civil rights, the
Americans with Disabilities Act, the Family Medical Leave Act, and the Kansas
Wage Payment Act when he was fired for sleeping on the job. Michaels has sleep
apnea, and claims that the disability resulted in his dismissal, which was a
violation of his rights. It appears the courts agree.
Michaels alleged he was denied
a “name clearing hearing” after his termination, was denied four days of
vacation, and that the city interfered with one day of family medical leave.
Michael’s attorney, Ray Simmons, said in an email to The Associated Press
Thursday that Michaels is pleased to get a “name-clearing hearing” in federal
court, where a jury rendered a verdict in his favor. The court judgement came
as a shock to many. On Wednesday, the city was ordered to pay $921,657, plus
interest, court costs, and attorney’s fees, to Michaels for his back and future
wages and damages for pain and suffering.
The Kansas City Star notes that
City Attorney Jeff Houston said the fight is not over. The city has filed
motions in the case that are yet to be decided, including one that asks a judge
to overturn the jury’s verdict. Houston says he still has “faith in the
process” despite the verdict.
“The city is disappointed in
the jury verdict, but we still have faith in the process, and we are moving
forward under that belief.”
If the city is unsuccessful in
its fight to overturn the verdict and an appeal, the city’s insurance would be
required to pay Michaels the full judgement amount. Attorneys for the city’s
insurer are handling the case, and say the city has already met its deductible
in relation to this lawsuit.
This isn’t the first lawsuit
Michaels has filed against the city. A case was settled in April that involved
Michaels alleging the city owed him and other officers for unpaid overtime for
the department’s “hot seat” program. This program involved officers being
picked up for work about five minutes prior to the start of their shifts. It was
a long-standing program that was popular among officers because it allowed many
to be one-car families.
However, if a call came in when
the officers were on the way to the station, they had to respond. The city
terminated the hot seat program in light of the lawsuit. Two other officers
joined a class action with Michaels. The three officers were paid $38,019 in
back pay and other fees to settle the lawsuit. The city denied its policy was a
willful violation of the law.
