Sheriff OK to fire officer who claimed disability after shooting self

A U.S. 11th Circuit Court of Appeals (whose rulings cover Alabama, Florida, and Georgia employers) recently upheld the firing of a law enforcement officer who intentionally shot himself while intoxicated on duty. The decision reinforces an employer’s right to apply performance and conduct standards to a disabled employee, even when that employee blames their performance or conduct shortcomings on their disability.

Colorful law enforcement career

Tyler Harrison, a lieutenant with the Holmes County Sheriff’s Office in Florida, suffered from stress, anxiety, depression, PTSD, and alcoholism. He had been prescribed medication for depression and anxiety in the past, and his problems were known to Sheriff John Tate and other members of the sheriff’s office.

On one occasion, Harrison had sex with another officer, Page Fleming, but no ongoing sexual relationship between the two resulted. After receiving a call from Fleming’s ex-husband, Major Michael Raley, the sheriff’s office confronted Harrison and Fleming, and each denied there was “anything going on between them.”

One afternoon Fleming received a call from Harrison, who was crying and nearly incomprehensible. When she found him in an unmarked police vehicle, he was obviously drunk and holding a handgun. She watched him point the gun at himself and heard a gunshot. She administered first aid to a chin wound until first responders arrived. He was hospitalized and sent home the next day.