Nebraska’s Supreme Court has affirmed a lower court’s ruling throwing out a former police officer’s improper termination and discrimination lawsuit against the city of Scottsbluff.
Ian McPherson sued after his employment was terminated in February 2016 for refusal to take a fitness for duty examination.
Scottsbluff’s Police Chief had asked McPherson to take the exam after the chief became concerned that McPherson was exhibiting irrational, paranoid, and hostile behavior.
In his suit, McPherson, a six-year veteran of the force, alleged discrimination and retaliation under the Nebraska Fair Employment Practice Act. He also alleged the City retaliated against him for expressing disapproval of the actions of his fellow employees.
The Scotts Bluff County District Court granted the City’s motion for summary judgment and McPherson appealed, however the high court Friday upheld the ruling of Judge Leo Dobrovolny.
In their written opinion, the Supreme Court said the fitness exam request was job related and consistent with business necessity, and since he did not express disapproval of the actions of his employer, there was no genuine issue as to whether McPherson engaged in protected activity under state law.