In an order signed December 7, 2016 a federal district judge found that Harris County was not liable for the Sheriff’s administrative dismissal of a deputy sheriff who had been on medical leave continuously for more than six years. The Plaintiff suffered severe injuries in an off duty motor vehicle accident in 2006 and had not worked since that date. The deputy claimed the Sheriff violated the ADA in deciding to end his employment. The Court found that although there was no dispute that Plaintiff had a disability and that he was subject to an adverse employment decision on account of his disability, there was no evidence that he was physically able to perform the duties of a deputy sheriff even with a reasonable accommodation.
The court dismissed plaintiff’s claims with prejudice. The case is Robertson vs Harris County. The order can be viewed at