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December 24, 2009 in City
Fired sergeant, claiming alcohol disability, sues city
Lawyer balks at chief’s claim that Thoma could have been rehired
Brad Thoma Fired police officer files $4 million claim against city of Spokane
(Full-size photo)
A Spokane police sergeant who was fired after a drunken hit-and-run crash filed a $4 million claim against the city of Spokane on 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 driver’s 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 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, the lawyer said.
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.
Thoma, who troopers said smelled strongly of alcohol, said he “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. And in interviews with police internal affairs, Thoma acknowledged he could be fired for the crash, 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.
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Dazzeetrader11 on December 24 at 3:39 a.m.
If there’s money to be had, Bob Dunn will always be near. Something tells me thing officer is lucky to leave quietly. He’s now not guilty and should recover his job because he’s a drunk? There must be a line forming somewhere…..
spogirl62 on December 24 at 5:31 a.m.
gee, did he just become an alcoholic when he didn’t get his way and now the taxpayers have to bail him out ? I don’t think we’re interested. Maybe he should clean up his act and quit crashing into innocent citizens when he’s drunk and then crying about losing his job…Hello: he is a COP he is suppose to uphold the law - not break it and expect us to still have respect for him as a “law abiding” peace officer. Things must be a little slow for Bob Dunn.
madscientist on December 24 at 6:55 a.m.
This makes me puke! I hope this never joke of a person never even gets a court date. Any half intelligent judge should just through this out, dismissal.
Sounds like he is a cry baby. Don’t drink and drive moron.
Did the tax payers make you an alcoholic. Shut up and grow a pair, take it like a man. Move on.
bvisco on December 24 at 7:49 a.m.
I think the city is as guilty (meaning fellow officers) as he is! This disease is not a ghost disease. If he was an alcoholic as he states then his fellow officers would of had some idea of a problem! I know alcohol abuse is present in the Spokane Police Dept. and to protect and serve themselves first is their main goal.
Section426 on December 24 at 7:52 a.m.
You can thank the Americans with Disabilities Act for idiotic lawsuits like this.
Truthbtold on December 24 at 8:34 a.m.
The city is already in a financial crunch, I am POSITIVE that there are applicants standing in line that would love a job, especially with the city.
I love Kirkpatrick’s statement, “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.”
Right on Anne!!!!
I will be watching this very close, as a civil servant you should accept your consequences and work on your own demons, it is “our” responsibility.
I have to wonder how many times he drove drunk and didn’t get caught???
I call Bulls**t!
seymour on December 24 at 8:41 a.m.
There seems to be a disconnect in many of the comments today and yesterday. The disconnect stems from the justified outrage at this frivolous lawsuit, and the acceptance of alcoholism as a disease. As a recovering alcoholic with several years of sobriety, I can tell you that if you are not an alcoholic you will never understand what it means to be one. Just as I cannot understand what it is like to live with any other disease. When I take a drink, my body undergoes an fundamentally different biochemical cascade than yours - I crave a second, third, fourth drink in a way that is so powerful it short-circuits all better judgment. Now, you could say “just don’t pick up that first drink.” This is the classic line of those who believe alcoholism is a disease of choice. But until one gets real help for it, the desire to pick up that first drink is overwhelming. It has nothing to do with choice. At some point, most of us hit bottom, an experience I don’t wish on anyone, and some of us are lucky enough to seek out help. Let me finish by saying that NOTHING that I’ve written is in defense of Thoma’s criminal behavior. He should lose his job, and be prosecuted for his crime. He broke the law. All I ask is that you lucky ones who are not alcoholic, be thankful.
lewis8457 on December 24 at 9:08 a.m.
The city attorney is good at screwing people so I would hope he would pull out all stops on this suit. The fact that Thoma is a confessed alcoholic and he has been on the job for 20 years points to the fact all his other officers and supervisors looked the other way.
This fact in itself should lose him the case………..but we are in Spokane, home of the stupidest juries on this planet. Anything goes………
On a side note if I were one of his fellow officers and I knew of his drinking and didn’t do anything I would go into Kirkpatrick’s office and hand in my badge.
But then again its one hundred grand a year w/full benefits……….morals, money? Morals, money………….opps what am I thinking I am a cop I will take the money.
Carlmc on December 24 at 9:17 a.m.
Sgt. Thoma was let down by the “system”. He has been in the Police Department for 23 years and no one noticed that he had a problem with alcohol? I don’t think our law enforcement officers should be saints, but there needs to be a rethinking of ethical behavior in the corps.
He had the responsibility that comes with rank. Driving drunk, causing an accident and worst of all hitting and running when a person may have been injured, violated our trust.
Sorry, no payday. The PD and the City should not settle this case. Lose it in court if necessary, but an ethical standard needs to be set where it obviously in not. This is an opportunity for the Chief, Mayor and the City Council to say enough is enough.
__Dan__ on December 24 at 10:27 a.m.
Typical reaction by a drug dependent person. “It’s not my fault! It’s (fill-in blank)’s fault!” Firing him was the right thing to do. Any lawyer that helps him with this suit should be responsible for the lion’s share of all the costs, on both sides, when he/they ultimately lose the case. If that were the case, maybe more lawyers would think twice about accepting such frivolous garbage litigation.
gyrusx on December 24 at 11:40 a.m.
While the legal system is important in maintaining checks on the society, internal checks are questionable.
Misquoting Ratatouille, anyone can sue but not everyone should sue. Regardless of outcome, this would result in the loss of several hundred thousands at the least, just because of pure greed and idiotic behavior with no checks on the legal system.
eagleproducer on December 24 at 5:43 p.m.
seymour: As part of your continuing journey towards sobriety I suggest you watch the South Park episode that deals with the treatment of “alcoholism.” You seem to have bought into the whole “powerless” mantra of AA which absolves the individual of responsibility for their own actions and an inability to control what can be controlled, regardless of physiology. If you like to drink alcohol and you get enjoyment from it, drink alcohol. Just don’t blame an invented malady if you can’t stop before it causes you problems, either criminally or medically.
As for the culpability of the SPD in Thoma’s “disease,” I’ve personally witnessed cops getting roaring drunk at the Guild’s private bar and drive their personal vehicles away from the scene. I worked once as a phone solicitor for the Guild, who were at the time raising funds to put on a benefit circus to provide scholarships for the children of slain SPD officer Brian Orchard. We were welcome to patronize the bar and that is where I received a first hand lesson in to whom the law applies.
cryssT on December 24 at 6:06 p.m.
put him to work, at a desk with no driving privileges. Alcoholism is not a disease, it’s a choice. Cancer is a disease.
Jholcomb on December 28 at 2:46 p.m.
I’d like to preface my comments with this: I am a police officer and know Brad Thoma well. That said, I ABSOLUTLY agree with Chief Kirkpatrick’s decision to fire him! Mr. Thoma committed two crimes, DUI and hit and run and plead guilty under a plea agreement. He was a fool for declining the offer made to him by Chief Kirkpatrick, whereas he was eligible to retain his job and be demoted to detective if he completes the court required program. Personally, he didn’t even deserve that deal, but he was stupid to turn it down. For him to sue for 4 million dollars is ridiculous and shows no responsibility for his own actions. Brad, man up an take responsibility for your actions.
I have been a police officer for 19 plus years and its because of officers like Thoma that we, as law enforcement, keep getting black eyes. His termination was well deserved and based on his own actions, to bad he can’t accept that or take responsibility. For him to claim he is an alcoholic, therefore disabled, is pathetic and he should be ashamed of himself. For his attorney, Bob Dunn, to compare his termination to someone with cancer is even more despicibable and pathetic. Brad, I hate to see any officer lose their job, but I hate to see officers do things that cause the public to district us and lose faith in us. We are always getting beat up in the media and public perception and you are the reason why. Your actions both during your DUI hit and run and now the lawsuit are an embarrassment to yourself and law enforcement. Frankly, I question your claim as to now being an alcoholic, how convenient of a reason to come up with. We don’t want you back.
cryofpaine on December 28 at 3:16 p.m.
I’d like to see evidence of his “alcoholism”. Is there a medical diagnosis sometime in his past, or is the only diagnosis conveniently after the incident? Does his family show a history of alcoholism or other addictive diseases?
Even if (and that’s a HUGE if) he actually does have this, that’s not an excuse. He should have been arrested - instead he was given an offer which would have allowed him to get help and be rehired. But instead of accepting responsibility and taking the offer, the greedy [insert favorite derogatory adjective here] decided he was too good for that, that the world revolves around him, and he deserves to screw over the people that he took an oath to protect just because he exists.
Frankly, congratulations are in order. With one stroke he’s managed to belittle anyone who has ever had a disease, handicap, or anyone that has ever been hurt by a drunk driver.
Either accept responsibility for your actions with some grace and dignity, or do us all a favor and next time you DECIDE (yes it is a decision, alcoholism just makes it harder to make the right one) to drink and drive, go find a long, winding, desertted road. And take your lawyer with you.
D Statler on January 09 at 11:10 a.m.
AMEN JHOLCOMB !!! The good cops don’t deserve this kind of bad PR. Things happen,but this guy needs to be fired before the Chief makes him another corrupt detective. Special thanks to the Spokane Police and County Sheriffs that due it right !!!!!