Fired For Drunk Driving, Oregon Cop Sues City for $6 Million Claiming Alcoholism Is Disability Protected By The Americans With Disabilities Act [Video]

The lawsuit filed by Jason Servo in Portland, Oregon uses alcoholism as a disability claim, since it's protected under the Americans with Disabilities Act reports Fox MXIX in Gresham, Oregon. He's seeking $6 million from the city as restitution.

In January 2011, Servo went out for some drinks and shooting practice before everyone drove home. Servo was intoxicated at the time and crashed his department vehicle into a ditch on his way home. He was arrested for drunk driving.

The lawsuit Servo is filing claims that Police Chief, Craig Junginger, issued "false claims and statements" during the investigation into Servo's arrest while the police union failed to adequately represent him.

The lawsuit also states Servo is diagnosed with alcohol addiction, so while he violated general orders by driving drunk and getting arrested, his counsel contends that cannot be used as a reason to fire him.

The lawsuit states: "He is afflicted with a significant disability recognized under the Americans with Disabilities Act and Oregon Law," and later states: "Plaintiff is disabled and due to that disability is limited in one or more major life activities."

During a press conference yesterday, Servo provided some background to his addition:

"There were times I went home and I couldn't get crime scenes out of my head. I went to drinking for that and there's other officers that do the same thing."

The lawsuit also alleges that Servo wasn't the only police officer drinking while carrying a weapon and badge when officers visited several bars on the McMenamins campus on that fateful January night after police training. "This was also in keeping with the department custom and policy," the lawsuit states.

The officers had been at a gun training session in Troutdale earlier in the night, and investigators say a witness claimed to have seen Servo flashing his badge and gun in a threatening manner, while "significantly intoxicated," and according to the lawsuit, "Due to the significant amount of alcohol he had consumed, Plaintiff has no clear recollection of events of that evening."

After crashing his police issued Chevrolet Blazer into a ditch, a Clackamas Country deputy investigated and cited him for a DUI before finding someone else to drive him home.

Since that night, Servo entered an alcohol diversion program and his attorney's say he has not consumed alcohol since January of 2011.

The lawsuit alleges that he "lost his career," and that none of the other officers drinking and driving that night were investigated or reprimanded. Servo needs the money, but says beyond that he wants to help his fellow officers.

"If officers are treated the way that I am, they're not going to seek help on their own and I don't want to see others officers harmed in the future," he said.

The city of Gresham, who employed Sarver, did not release a statement and said they can not comment on ongoing litigation at this time.


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