to Take back Plaintiff
Deemed Mentally Unfit
ISP regarded her as
Federal Judge Kocoras of the Northern District of Illinois recently found that the Illinois State Police had no basis for removing the plaintiff from duty, despite evidence that she was a threat to others. In September 2003 she had made comments about how people were threatening her at work and she would use her gun "as she was trained to do." ISP command sent her to a psychologist for a fitness-for-duty exam; he opined that she had major depression and a paranoid personality. But another psychologist disagreed, finding her fit to return to duty. But the ISP removed her from duty permanently.
The court found that the ISP could be found by a jury to have illegally regarded her as substantially limited in a major life activity. The court also found that, given the conflicting findings by the psychologists, there was conclusive evidence that she posed a direct threat under the ADA. Broberg v. Illinois State Police, __FSupp2d__, 20 AD Cases 321 (N.D. Ill. 2008)