Federal civil lawsuit dropped by ex-cop|[03/01/08]

Published 12:00 am Saturday, March 1, 2008

The federal civil suit of Rudolph Walker, a former Vicksburg police officer who was placed on unpaid leave for 3 1/2 months in 2005 while his medical status was in question, has been dismissed.

Greg Faries, one of Walker’s attorney’s, said the dismissal came about a month ago when U.S. District Judge David Brammlette ruled that Walker’s level of diabetes wasn’t high enough to fall under the Americans with Disabilities Act.

Exhausted from a drawn-out legal process, Walker refused to take the case any farther, Faries said.

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“Rudolph is just worn out with it. He’s basically thrown his hands in the air and given up on it,” Faries said.

Walker could not be reached for comment.

Mayor Laurence Leyens said he was aware of the case’s dismissal, but did not comment further.

In 2005, Walker, a brother of former Vicksburg Mayor Robert Walker, reported he was suffering from blackouts and, soon after, a doctor deemed him diabetic. The city placed Walker on unpaid leave for about 3 1/2 months in the summer and fall of 2005.

Walker later appealed to the Civil Service Commission for back pay for that time, but the commission declined to grant that pay, saying both sides could’ve resolved the matter sooner. Walker then appealed the commission’s decision to Warren County Circuit Court and filed the federal suit, seeking $250,000 in damages, claiming the city violated his rights under the Americans with Disabilities Act.

Separately, on Jan. 4, 2006, the police car Walker was driving was struck from behind while stopped at U.S. 61 South and Grange Hall Road. His back, knee, hip and wrist were injured.

Walker returned to his duties as patrolman following the wreck while he continued to be treated by doctors in Vicksburg and Jackson. However, it was later determined by one or more of those doctors that Walker’s injuries made him unfit for duty as a patrolman, and Walker left work in May 2006 under the federal Family and Medical Leave Act after city officials declined to move him to a desk job.

Then, in April 2007, Walker was fired by the city. Leyens and Vicksburg Polcie Chief Tommy Moffett said Walker had not provided evidence that he could return to work and his benefits had expired, also noting that the city had been asking him for months for a letter from a doctor saying what he could and could not do. They argued that Walker couldn’t be on light duty permanently and that the city wasn’t going to create a job for him.

Richard Dean, another of Walker’s attorneys, said Walker had provided about a dozen medical documents on his condition since November 2006, specifically asking the city to put him in a job somewhere.

Walker was fired by a 2-1 vote, with North Ward Alderman Michael Mayfield saying Walker should have a few more days to provide information.

The decision was appealed to the Civil Service Commission. But the panel, once again, refused to hear arguments in the case, saying the matter was not theirs to decide.