Disabled former state trooper gets nearly $2M in lawsuit against agency

A federal judge awarded a former Pennsylvania state trooper nearly $2 million on Thursday after a jury found he was forced to retire because of a disability.

Robert Newton, of Butler County, worked as a procurement and supply officer on permanent limited duty status because of a disability in his left arm.

He alleged in his lawsuit that he was forced to retire in September 2020 when he reached 25 years of service per state police policy.

Newton initially filed suit against the state police in 2018 because it failed to promote him. He amended the lawsuit shortly after he was forced to retire.

Newton began working for the state police in 1995. He was diagnosed with osteosarcoma in his left shoulder in 2001, and it had metastasized to his lung. He had surgery, which included removal of part of his shoulder.

Because of the surgery, Newton had limited movement in his left arm. He was placed on limited duty and served as the procurement and supply officer.

In 2015, Newton took the tests to be promoted to corporal but his lawsuit said he was not selected even though he ranked higher than others who were.

The complaint alleged that Newton’s supervisor repeatedly made offensive comments about his disability, including calling him “T-Rex” and making gestures at him.

The case went before a jury in November. The panel found in Newton’s favor on the unlawful termination claim, awarding him $100,000 in compensatory damages. They ruled against him in his claim for failure to promote.

Newton then asked the court to grant him back and front pay, interest and attorney’s fees.

Had he not been forced out, Newton told the court he would have continued working until the mandatory retirement age of 60, which he will reach in August 2033.

U.S. Magistrate Judge Maureen Kelly calculated Newton’s front pay amount at $1.3 million and added more than $600,000 in other costs.

Newton’s attorney Nikki Velisaris Lykos called the verdict “a significant advancement for disabled workers.”

“The jury’s verdict clearly shows that the policy of the Pennsylvania State Police violates the rights of disabled workers,” she said. “We expect the commonwealth will take this verdict seriously and reconsider its policy to be in compliance with the law.”

A state police spokesman said the agency is reviewing its appellate options and cannot comment on the judgment.