Cop loses disability lawsuit E-mail
Written by Mark Nichols   

A federal jury has sided with Ocean City, Maryland and its police department in a wrongful termination lawsuit brought by a former police officer.
Former Ocean City Pfc. David Catrino was unable to convince a jury that he was wrongfully fired in 2007.

Catrino claimed in his lawsuit that his termination was the result of events set in motion by his Type II diabetes.

Catrino sued the town back in of March 2009 about two years after he was fired.

The incident that led to Catrino's firing involved him leaving his post before his shift ended. Catrino says he left early in order to eat a snack that would help him maintain his blood sugar.

The agency says that they interpreted Catrino's early departure to mean he was quitting.

The case went from Worcester County Circuit Court to arbitration and eventually wound up in federal court. In the federal court a judge dismissed a motion for dismissal made by the town, allowing the case to go to trial.

Then, after four days, the jury handed in a verdict. The jury came to the conclusion that Catrino's allegations that his former employer had violated the Americans with Disabilities Act by denying him reasonable accommodation of regularly scheduled meals were without merit.

City Solicitor Guy Ayres said in an interview with DelMarvaNow.com that he believes the case is over. Catrino could still appeal to the U.S. Fourth District Court, but appealing jury verdicts is typically a long shot at best Ayres says.

"I think it's pretty much wrapped up. Courts give great weight to what the juries do."

Catrino worked full-time for OCPD for about 13 years.

Legal experts say that because the jury ruled Catrino and his actions were not protected by the Americans with Disabilities Act, jurors were not required to make a further ruling as to whether or not Catrino was discriminated against because of his diabetes. In addition, the jury didn't have to consider whether

Catrino's diabetes was a motivating factor in OCPD's decision to terminate his employment.

 


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Comments (1)Add Comment
Some specific facts of this case would have been nice
written by John, February 11, 2012
It would be very interesting to find out the facts on this rather than "firing involved him leaving his post before his shift ended" and some arguments made only by one side. There has to be more to it than that. What's the purpose of writing an article and not giving any of the facts (other than general statements that really can be interpreted in any number of ways).


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