Baltimore County will have to pay a police detective $225,000 in back pay plus interest and will likely owe thousands more in legal fees after a federal court denied the county's appeal last month.
The U.S. Court of Appeals for the Fourth Circuit threw out a portion of the County's appeal of liability because the County failed to renew a motion post-verdict.
The court did review the county's appeal that the award by the federal jury was excessive.
"Our review of the record leads us to conclude that the district court did not abuse its discretion," according to the opinion issued by the three judge panel.
The resolution means the county will have to pay Det. William Blake $225,000 plus interest for the April 2010 jury decision. The county and Kathleen Cahill, Blake's attorney, will negotiate legal fees, which the county must now pay.
Blake sued after he was ordered to undergo medical tests after he testified on behalf of another officer who had a seizure.
Blake said he had also suffered from a single seizure in 1996. The county required Blake to undergo medical exams to establish his fitness for duty following his testimony on behalf of the other officer.
Blake lost no wages in his original lawsuit. A jury awarded him damages for emotional distress and the county appealed.
What they are doing is penalizing anyone who files for workers compensation by forcing that particular person to retire regardless of length of service. Blake's case was set up after he testified on behalf of Officer Philip Crumbacher who had a similar medical issue and was forced to retire. Blake was ordered to undergo testing and to provide his medical records one day after taking the stand on behalf of Crumbacher. As I remember I was told when I came back to work after my incident not to file for workers comp because I would wind up like a lieutenant who was forced to retire after his issue. I was advised by the FOP to retire or the county would attempt to force me to take a medical pension. With 39 years I choose to retire because of the pressure they were putting on me with other issues. Cole Weston called me and said the county was trying to secretly vote on forcing me to take a medical pension. In Cole's office we were on the speaker phone with one of Homan's secretaries who would not provide us with why the county had not processed my request regarding my retirement. She stated that she was afraid to comment due to the nature of my case. Once I was aware of what they were trying to steal from me I took action to block it and took my full retirement.
That is my error. I do know you, but sometimes I jump the gun and make mistakes like I just did. I am accountable for those mistakes. Pleas except my apology.
As soon as I saw Mr. Arsmtrong and his caustic remarks I went into the wrong mode regarding your comment. It's like making a traffic stop and letting the motorist get to you after reading RA's comment I lost it for a moment. The funny part was I thought I know this person but you can never be sure. I'm a target and have to slow down my draw.
I have friends my age who had similar medical events and they will come to me and ask what is happening to them. I tell them it has to do with the trauma to the body and often times the medication you have to stay on. Years ago I would have never acted like I did. Now you have to really focus or you lose it and I don't mean physically like anger. I see changes in others and they tell me it frightens them. Then you see changes in a parent and can only hope you can handle it. I guess that issues like this remind us all that we are no longer immortal and are subject to one of life's issues as the saying goes "shit happens," (use of word is to describe a well known saying.) You just never figure it will happen to you. I guess you might have heard about some issues over at MSP?
I'm sure your relatives know that Homan is back to work.
http://www.urbandictionary.com/define.php?term=angst-monger
A kid in an empty room with a keyboard is dangerous.
Angst: An acute but unspecific feeling of anxiety Monger: A person who promotes a specified activity, situation, or feeling, HENCE: Angst-Monger person who promotes an acute but unspecific feeling of anxiety as interpreted by Lorna and I stick by it. :) And as per my blog - I adore :"Angst Monger University" from whence Angst-Mongers possibly graduate. It is all in the interpretation/perception, of course.
http://www.baltimoresun.com/news/maryland/baltimore-county/bs-md-co-disability-20110818,0,6029341.story
In a nation where so many people illegally/immorally bilk 'disability pay' for thousands and thousands of dollars, one guy actually wants to go back to work after getting clearance to do so is villified.
What the Sun left out was who was responsible for these decisions and who told them they were wrong. In my case the FOB said take your pension and have a nice day. I told them if you like it so much, why don't you guys retire. No answer. Clint Eastwood said it best with his line of "There's more that gnaws on a man other than dying." Maybe I'll file a FOIA and find out how much Homan has cost the county in legal fees. I wonder if he had to take a physical after returning to work from his injury? Now there is a man who should retire or be forced out. You'll never see it under the Kamenetz regime. Just another bad decision among many.
I have a lot of problems with cops and I was one. It all starts at the top. Politics and police work don't mix well. In the old days you used a night stick and people really got hurt. When you get surrounded and you're the only one wearing a uniform you got a problem. Domestics are very similar. When you arrive to separate the combatants who are trying to kill each other, they will turn on you. The spray is the most effective and least harmful way of crowd control. These things can get out of hand pretty quick and when they do, a whole lotta people can get hurt. This is a city school but the county schools have had similar ones. http://www.youtube.com/watch?v=iyslYXjOLJs Hope Santa brings you some good stuff. I asked for my golf game back but even Santa can't help me there.
My earlier comments were very clear on both the issues of the officer and the use of the spray. He acted within the proper protocol. The spray did what is was designed to do and that is break up crowds or subdue unruly people without causing serious injuries. We basically had the same viewpoint.
A rehearsed and practiced "presence" could solve problems rather than add insult to injury. The only REAL excuse for the use of these dangerous chemicals is lack of education and proper training.... the easy way out if you will...