December 23, 2009 in News

Thoma files $4 million claim against city

Meghann M. Cuniff The Spokesman-Review

Tags:Bradley N. ThomaChief Anne Kirkpatrickhit and run

A Spokane police sergeant who was fired after a drunken hit-and-run crash filed a $4 million claim against the city of Spokane Wednesday, saying he was wrongfully fired because he’s an alcoholic.

Bradley N. Thoma, 44, was fired Monday after refusing an offer from Chief Anne Kirkpatrick to accept a layoff and be eligible to be rehired as a detective if he completes a court deferral program for his drunken driving charge.

That offer came after Kirkpatrick ruled that Thoma was unable to work as a police officer under the court program because it requires him to have an ignition interlock device on his car.

But that decision was wrong because it didn’t consider Thoma’s alcoholism as a disability, said Thoma’s lawyer, Bob Dunn.

“This is about as unfair an employment practice as I’ve seen in a long time,” Dunn said. “The only thing I can think of that’s more unfair is firing someone who has cancer.”

The city has 90 days to respond to the claim before a lawsuit can be filed. City officials had no immediate comment.

Thoma, a 20-year veteran, offered to pay for the ignition interlock device and any additional insurance costs the department would accrue, Dunn said.

The offer signed Dec. 17 by Kirkpatrick said Thoma would be “eligible to return” as a detective - a demotion - once he completed the deferred prosecution and his drivers license was restored without the breathalyzer requirement. Dunn said the department interpreted that to be at least two years.

The five-year deferred prosecution program includes two years of intense alcohol rehabilitation.

In the meantime, the city would work with Thoma to determine if he was eligible for other positions, according to the offer.

In a Dec. 9 letter to Thoma, Kirkpatrick said it was “unreasonable” for Thoma to drive an emergency vehicle that needed an ignition lock, nor was she was willing to sign a waiver allowing Thoma to drive without one.

“I may still discipline you for misconduct, even if such misconduct was related to your alcoholism,” Kirkpatrick wrote. “The fact that you may be an alcoholic does not absolve you of responsibility for your conduct.”

Dunn called Kirkpatrick’s letter “self-serving” and said the chief always intended to fire Thoma and never looked for accommodations.

The Americans with Disabilities Act recognizes alcoholism, Dunn said, and the city of Spokane has offered Thoma no reasonable way of accommodating a disability that hasn’t affected his work performance.

Included with the claim filed Wednesday is a letter from Dr. Mark Hart of Spokane diagnosing Thoma with alcoholism.

“I have reviewed the job description (and) feel he can perform all the essential functions of his position,” Hart wrote.

Thoma was off duty and driving his personal Dodge Ram pickup on Sept. 23 when he hit the back of Sherry L. Prickett’s Ford Ranger near the intersection of Farwell Road and U.S. Highway 2, then drove away.

Prickett, 51, and another driver followed Thoma to the parking lot of Yoke’s Fresh Market, where Thoma told a state trooper he’d been planning to buy steaks.

Thoma, who troopers said smelled strongly of alcohol, said he’d just golfed at Wandermere Golf Course and “knew he had hit someone’s car and not stopped to give her his information,” according to a report from the Washington State Patrol.

“He talked about how he was probably going to lose his job or at least lose his supervisory position,” according to the report. Thoma also acknowledged he could be fired for the crash in interviews with police internal affairs, according to Kirkpatrick’s letter.

Under the deferred prosecution agreement, Thoma – whose blood-alcohol level one hour after the wreck was 0.171, more than twice the legal limit for driving – will basically be on probation for five years and be required to complete a rehabilitation program in the first two years.

The DUI won’t appear on his record if he completes the program.

The misdemeanor hit-and-run charge was dismissed under a “misdemeanor compromise” agreement after a judge read a letter from Prickett “that said she’d been paid for the damage to her vehicle and was “not interested in (pursuing) Mr. Thoma any further.”

Prickett later said she didn’t know the letter would lead to Thoma’s charge being dismissed.

Thoma made $91,141 a year as a sergeant.

35 comments on this story so far. Add yours!

laurelpoff on December 23 at 3:15 p.m.
Poor Officer Thoma. Give me a break. You are suppose to uphold the laws and your have broken them. Why should the City have you on their payroll? This is a lawsuit that has no merit. The City should give your position to someone who really cares about their fellow man. Not one who hits someone with their car and then runs away, drunk.
johnclarke on December 23 at 3:30 p.m.
I guess we should accomodate drug addicts as police officers as well. This suit should be tossed.
Fixer on December 23 at 3:39 p.m.
From the ADA website -
Alcoholism is a disability, “(h)owever, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct.”
In addition, reasonable accommodation isn’t required when the health and safety risk is too great. Can’t wait to see how Thoma’s lawyers play this.
Incidentally, credit to Spokelooneh who accurately called this one in a post yesterday.
Pat O'Leary on December 23 at 4:05 p.m.
Who’s the pos attorney that filed this? Probably that same clown who seems to handle all these police misconduct cases. It seems that he has hit the mother-lode in the SPD.
PlanB on December 23 at 4:07 p.m.
Thoma is a bigger scumbag than I gave him credit for.
Diana on December 23 at 4:12 p.m.
Didn’t see that one coming.
biasedopinion on December 23 at 4:19 p.m.
Seems that “POS” attorney might be something besides the aforementioned name. Actually, sounds like he is quite good at what he does.
From KXLY
“His attorneys, in a letter to Kirkpatrick and Mayor Mary Verner dated Monday December 21st, said that Thoma “suffers from the disability of alcoholism” and is being medically treated for it. Despite his efforts to seek treatment for alcohol Attorney Robert Dunn of the law offices of Dunn & Black claims that the city decided to fire Thoma, an action he colors as both illegal and discriminatory.
Dunn continued in his letter dated December 21st saying that if Thoma was not reinstated by 9 a.m. Wednesday they would be filing a Tort Claim Notice against the city.”
From internet search
He is a former WSBA Bar Examiner. Named annually as one of the Best Lawyers in America in the area of Commercial Litigation, he is AV rated and a member of the Washington State Trial Lawyers Association. He was voted in 2005 by his peers as Spokane’s Best Business Litigator as well as Spokane’s Best General Litigator and in 2006 as Spokane’s Best Construction Lawyer, along with his partner John Black, and once again as Spokane’s Best General Litigator. In 2007, he was again named as Spokane’s Best Lawyer in Business Litigation, as well as in Construction Law and was featured as one of 2007’s and 2008’s Best Lawyers. (Spokane/Coeur d’Alene Living Magazine - September 2005, September/October 2006, October 2007 and 2008; Spokane Business Catalyst Magazine � November, 2006.)
He was also named as one of Washington’s “Super Lawyers” as a business litigator for 2006, 2007, 2008, 2009 and 2010. He was highlighted in a profile by his Alma Mater. (The Lawyer, Spring 2005 � Gonzaga School of Law.) He was selected for inclusion in LITIGATION 2009�s Best Lawyers Annual Guide to Commercial Litigation.
Bob has also been selected by his peers for inclusion in the 2010 edition of The Best Lawyers in America�, in the specialty of Commercial Litigation. For over a quarter of a century, Best Lawyers� has been regarded - by both profession and public - as the definitive guide to legal excellence in the United States.
mikewsu on December 23 at 4:20 p.m.
And these are the scumbags that make up the Spokane Police Department…
jordanpallen on December 23 at 4:46 p.m.
A breathalizer in a Cop Car, why is no one mentioning this.
OhReally on December 23 at 4:47 p.m.
To Biased Opinion - Glad to see you’re such a fan of the lawyer who is trying to get a cop reinstated who is guilty of hit and run DUI. You are obviously a lawyer yourself. There are a great many of us who believe that regardless of how successful this lawyer is, his lack of interest in justice and public safety still qualifies him as a POS.
The lawyers who win giant personal injury settlements for people who are victims of their own stupidity are also very successful. That doesn’t mean make them good people, just greedy. Just saying..
BitofBacon on December 23 at 5:02 p.m.
To OhReally-then there are those of us who believe that although he may have done wrong, the punishment does not fit the crime. It always seems to me that all the perfect people who criticize the cops should apply for the job. After all, you’re perfect and you can’t make mistakes. Just sayin’ (which, by the way, is an annoying phrase that is past due for burial)
elcee1987 on December 23 at 5:07 p.m.
Well maybe if the Police Chief hadn’t been “so nice” in letting him go because of his “disability” he wouldn’t have seen it as an opening to attack. Why not fire a police officer for BREAKING THE LAW in the first place, instead of getting sued by a bitter jerk who takes advantage of a “layoff” and an opportunity to get rehired?
This entire situation makes me ill.
drinkr23 on December 23 at 6:26 p.m.
I’m sick of people saying he should’nt be fired for his mistake,but this was not a mistake…when you are driving under the influence of alcohol (2x) the limit and you hit another car and then take off, driving all over the road, before getting caught ….is not a MISTAKE…its a MAJOR CRIME! He should be in jail (joe public) would still be there, and would have not been put on paid leave or not lose their job, not to mention the “beating” by joe cop and buddies when caught. He needs to be put in jail along with the ex cop Olson…I’m sure there would be plenty of inmates waiting to welcome them! I agree with Lindsey…the situation makes me ill too!!!
Ninch on December 23 at 6:34 p.m.
Only “reasonable” accommodations are required for people with disabilities, including alcoholism. Driving a patrol car (with or without an interlock device) is not reasonable and in fact is wishful thinking. This claim will not play well in the judicial system because there were “reasonable” alternatives offered… that is all federal and state law require as well as City of Spokane policies. Note that this is not the first employee to be terminated because of alcoholism. The City has had lots of such experiences and have protected their behinds, and will offer a piddly settlement to make this claim go away.
westside on December 23 at 6:40 p.m.
And, the odds of a sharp attorney’s getting him the 4 mil is very good.. thanks to the city of Spokane, Verner ,incorporated..
clawman on December 23 at 6:40 p.m.
This is a classic example of why we need legal reform. This ambulance chasing atty is a disgrace for taking this frivolous case. I am confident that if atty Dunn (not mister) was liable for a portion of the cities legal fees he would not have considered this case. sham on all involved.
Cal Clausen
opiemuyo on December 23 at 6:43 p.m.
Disability? I bet there is a lot of persons in wheel chairs that wish that they could go to a 90 day rehab and be able to walk again. This political corect crap has got to end.
Bee509 on December 23 at 6:58 p.m.
Is this a joke?
empyrius on December 23 at 7:14 p.m.
So does this mean I can get my felony convictions vacated b/c I have been alcoholic since childhood (b/c every time I got in trouble I was drunk!)?
Alright! I am going to take a few bonghits and go apply for my police officer job!
I won’t smoke on the job!
Protect and serve: I got it!
Peace out dudes!
Har har har har
ChefGus/ John Olsen on December 23 at 7:34 p.m.
The attorney and his client should be very ashamed. but that won’t happen…. alcoholism as a disability… well I’ve got 250 friends that are alcoholic that come and dine with me from time to time, and sleep under the bridges and they are veterans that are disabled by their service in Viet Nam and Iraq and Afghanistan… I guess I do not wish this man well at all.. and take back my hopes for his rehabilitation.
It is classic abusive behaviour for the offender to accuse the victims… and WE are the victims here…. dr john
wow on December 23 at 9:06 p.m.
Another Scumbag lawyer trying to make big bucks against law abiding tax payers money! Shame on you Thoma….YOU FAILED…start a new career! Sorry you have failed the SPD and the community with your disabilty! Ohwell!
Theemarkb on December 23 at 9:47 p.m.
Hit & Run, Drunk, maybe if he had killed the driver they would have had a reason to fire him; in Spokane I wouldnt count on it. When can we fire the police union, there the ones letting these guys hurt and kill us? When will the union represent honor in the police force instead of representing the crimminals?
gyrusx on December 23 at 10:29 p.m.
Every time I move to a different city, I think that the Police department could not be worse than the previous one. Every time I am wrong. Spokane police continues to prove sheer incompetence and narcissistic entitlement day after day. This case would set the ground for allowing drunk dentists, surgeons, lawyers and pilots to continue their jobs.
mdriftmeyer on December 23 at 10:31 p.m.
What? Not only should he never have been paid > 60k he’s now using a crutch he created to sue the City?
Truly classic.
gyrusx on December 23 at 10:44 p.m.
With due respect, Mr. Dunn, alcoholism and cancer are physiologically and phenomenologically very distinct.
uncleralph on December 23 at 10:55 p.m.
Civilization is breaking down because of lawyers like this. Health care is out of control because of tort lack of reform. The ACLU is putting the lowest common denominator over the good off the many. It will be the runination of America. Why?
When did Dunn become a drunk? I am sure he didn’t put it on his job app. When he became one did he report it to his boss. Is he impaired in hiring an attorney. Is he out of his mind now. When did he have his last drink. Does his attorney drink. Can an attorney drink and advise a drunk. Is the attorney a drunk if he doesn’t when a case and get a retry. When is a drunk a drunk. Can you fake being a drunk. Can you abuse beer but not be a drunk. Can you be a dry drunk. Can you be trying to get over for getting caught breaking the law by hiring a shyster lawyer. Should Gonzaga Law School be shut down. Should attorneys/client conversations be taped and reviewed on TV after all satutes have run so people can really see how attorneys do the thinking for crooks. These are not questions.
Ken on December 23 at 10:59 p.m.
Equating alcoholism with cancer. Oh, that’s rich. Next we’ll see stupidity being equated with heart disease.
“Only in Spokane. Near nature..near perfectly Stupid.”
…attitudes like this are one reason I don’t miss Spokane as much as I could or should — some of the people living in it.
Shadow on December 23 at 11:06 p.m.
Unbelievable! I hope Thoma and his lawyer don’t get a single penny in any type of lawsuit. What a pathetic attempt to compensate for his failure at self-control and self-discipline. Good thing he “only” hit another truck and not some innocent bystander. Take your lumps Brad Thoma, accept responsibility for your actions and find a different job.
gyrusx on December 23 at 11:27 p.m.
Would the citizens feel safer if Sgt. Thoma was reinstated?
lewis8457 on December 23 at 11:28 p.m.
this is our justice system now days folks. anything for a buck.
Jay Olsen got off because he was gay. why not Thoma because he is a drunk? these guys are cops they have a niche in the justice system we don”t have.
I will go out on a limb here and predict he will get a cash offer from the city at the very least if not win the case hands down. justice in Spokane no such thing, unless of course your the average Joe on the street, these guys aren’t.
I bet Verner is kicking herself for pampering to the guilds needs in the recent contract approval.
ChefGus/ John Olsen on December 24 at 5:08 a.m.
Not to worry guysngals. the City Attorney’s office will simply file a counter suit as they always do when citizens file law suits…Rocky to the Rescue…. ie a suit that will file for four million for each and every citizen in the city.. a “Class action” against the Offending Offixer…. Oh I forgot The Rock is on THEIR side ( the errant officer)… what a conundrum… it will be interesting to see what case law says on this.. anyone out there have a clue about that?? j
gyrusx on December 24 at 5:59 a.m.
“…is being successfully treated…”
If the attached document is a reflection of Mr. Thoma’s thought process, success is sadly missing from his treatment. Arrogance, denial, lack of humility, lack of acceptance, lack of personal accountability , it is quite contrary to the 12 step philosophy.
breathtester on December 24 at 10:59 a.m.
A DUI is a serious offense and it usually has life altering consequences for those found guilty. Why should this guy be any different. If we gave $4,000,000 to every one of the 1.4 million people charged with DUI in this country each year that would solve everything.
suzihokonson65 on December 24 at 7:12 p.m.
Officer Thoma recieved a fair offer from his Chief but chose to refuse it. It’s like he thinks there should not be any professional consequences resulting from his unacceptable behavior. Well, in my opinion, there should be some consequences. His chief did the right thing in firing him.
Bee509 on December 27 at 3:45 a.m.
Everyone makes a an excellent point. For and against. With that said. I’d expect you all to be as vocal at each and every hearing. Considering it’s your dollars dropping into the bucket; wouldn’t it only be appropriate? I moved to the area as a child and I spent a good deal of time in the school systems here, within the faculties of Jefferson Elementary, Gary Middle School and John R. Rogers High School. I even took part in helping build the cops station on wellesley ave right by the North Town mall. I was among several “at risk youth” whom had thought it a good cause to volunteer for. While I spent my valuable years among such places I met resource officers whom I would call stand up individuals, the officers I’d like to assume understood that their own actions resonated in those whom they were in direct contact with, in this case that would be young adults. You know, that old saying “Preach what ya teach!” kind of mentality goes a far in my mind. In moments like these I’m forced to think of such individuals and when I do I think of what they mean the the community and what they stand for. Then I think of their jobs; roles rather and them being axed in these in-climate economic times for the likes of having to pay for an individual like Sgt. Thoma. I’d like to also equally assume those stand up officers/individuals I had met during my tenure in Spokane’s Schools would agree that if they had failed to maintain their leadership qualities, their role model material and actions that lead by example, that they too would be relieved of their duties. I would assume they too would think it to be RIGHTFULLY SO. So I what I ask, is; if any money; any money at all is spent on this worthless law suit that it be to PROTECT the INTEGRITY of officers like the ones I had mentioned, RIGHTFULLY SO. If any statement should me be made, it should be that.