Richards v. Miss. Dep't of Pub. Safety

• Decision Date: 17 November 2020
• Docket Number: NO. 2019-CA-00643-COA,2019-CA-00643-COA
• Citation: 318 So.3d 1150
• Court: Mississippi Court of Appeals
• Parties: James RICHARDS, Appellant v. MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY, Appellee

318 So.3d 1150

James RICHARDS, Appellant

v.MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY, Appellee

NO. 2019-CA-00643-COA

Court of Appeals of Mississippi.

November 17, 2020

Rehearing Denied March 16, 2021

ATTORNEY FOR APPELLANT: R. SHANE McLAUGHLIN, Tupelo

ATTORNEY FOR APPELLEE: M. ERIC BROWN

BEFORE BARNES, C.J., McDONALD AND McCARTY, JJ.

McCARTY, J., FOR THE COURT:

¶1. An agency terminated a highway patrolman after he reported to work heavily impaired by a near-lethal combination of multiple controlled substances. The patrolman appealed his termination on the basis that he was legally prescribed each of the substances.

¶2. A hearing officer of the Employee Appeals Board (EAB) and later the full EAB reversed the patrolman's termination and ordered his reinstatement. The agency then appealed to circuit court. Following the agency's appeal to circuit court, the officer's termination was reinstated because substantial evidence supported the agency's decision. We affirm.

FACTS AND PROCEDURAL HISTORY

¶3. James Richards was employed as a state trooper for the Mississippi Highway Patrol (MHP). From 2010 until his termination in 2016, the agency received several reports referencing suspicions that Richards was under the influence of drugs. The record reflects nearly twenty employee counseling records, evaluation sheets, and other written reports that document a variety of concerns about Richards’ behavior during that period.

¶4. Several of the records address Richards’ questionable demeanor while on-duty. For example, the trooper would often sweat profusely, slur his speech when he talked, walk unsteadily, and appear to have a "short attention span" when he communicated with his superiors. His peers described his eyes as "watery" and "red" and noted that he seemed "inebriated" and "lost" on many occasions. Other records documented Richards’ habit of conveying thoughts of suicide and flagged other instances of erratic behavior, such as kicking down his own bedroom door while his wife was inside. Troublingly, on one occasion, the trooper failed to report to an accident where the "threat of loss of life was present."

¶5. Richards’ behavior also sparked concerns from the citizens he was sworn to protect. One individual reported to MHP that an officer, later identified as Richards, was drifting in and out of the lane next to him while driving his patrol car on a rainy night. According to the report, the trooper would reduce the speed of his car to about 25 mph and suddenly increase speed to 45 mph. His brake lights flashed on and off to indicate that he was braking and accelerating sporadically. The person who reported the incident thought that the trooper behind the wheel may have been "falling asleep" or was experiencing "heart failure."

¶6. Additionally, a business-owner stated that Richards was behaving strangely one day when he entered her dry-cleaners to get his uniform cleaned. Richards had driven to the establishment in his patrol car and "had someone in the car with him." The business-owner noted that Richards’ eyes were dilated, his speech was slurred, and he had to "brace" himself on the counter to prevent himself from falling. He had also spoken to her personally about his thoughts of suicide and relationship issues.

¶7. One layperson who had walked by and communicated with Richards at a hospital one night reported to MHP that the trooper behaved as if he were "under the influence."¹ The citizen described Richards as "incoherent," "confused," and walking unsteadily.

¶8. In addition to these citizens’ reports, other reports about Richards expressed general concerns that he was potentially using drugs and needed to be drug-tested due to his condition and behavior. When MHP finally confronted the trooper about whether he was taking any type of medication, he replied that aside from enjoying "a beer every once in a while," he was not taking any drugs. On several occasions, MHP offered Richards assistance in dealing with what seemed to be a growing problem. But in each instance, he declined and insisted that he was "fine."

The Incident at the Shooting Range

¶9. An incident in 2016 would finally prompt MHP to fully investigate its suspicions regarding Richards’ potential drug use. At the very beginning of November, Richards was required to complete an in-service training program where he would receive classroom instruction and complete firearm qualifications.

¶10. Master Sergeant Lonnie Griffin of MHP testified that at the firing range, Richards appeared to move in "slow motion" and was excessively sweating "when no one else was." Although Richards qualified to use his firearms by passing the test administered at the shooting range, Sergeant Griffin testified that Richards was "unsteady." He explained that someone at the range had to assist Richards during the process by helping him reload magazines and keep up with the speed for re-firing the guns. Sergeant Griffin further testified that Richards had issues with "weapon jams" and had to be constantly "coached" through the process of his firearm qualification.

¶11. Phillip Hemphill, MHP's range director, corroborated Sergeant Griffin's testimony in a written statement by painting a similar picture of Richards’ behavior while on the firing range. Hemphill stated the trooper was "sweating profusely," "very unsteady in his walk," "sway[ing] back and forth" at times, and slurring his speech. According to Hemphill, Richards appeared "disoriented" and "confused."

¶12. The strangest account of Richard's behavior depicted the trooper placing a towel on the ground, getting on his knees "like a dog" and rubbing his face back and forth on the towel rather than simply lifting the towel to wipe his face. Hemphill further stated that Richards appeared to be "in another world."

¶13. In his written statement, Trooper Jason Ball also noticed Richards’ behavior at the shooting range and brought the situation to Sergeant Griffin's attention. Additionally, Trooper Anthony Granderson reported Richard's behavior and similarly noted his slurred speech and excessive sweating on the fall day. Richards’ finger had also been badly injured that day, but he "showed no regards to it."

Richards’ Visit to the Forensics Laboratory

¶14. After Richard's bizarre behavior unfolded at the shooting range, Captain Malachai Sanders instructed Sergeant Griffin to take the trooper to the Mississippi Forensics Laboratory. The captain wanted Richards drug-tested.

¶15. According to the sergeant, Richards declared during the ride that "his job and career [were] over" and went on to state that he wanted to resign from his position as a highway patrolman. After expressing these concerns, Richards took a nap in the patrol car on the way to the crime laboratory. When they arrived at the laboratory, Sergeant Griffin noted that Richards became "visibly upset" and "began to cry."

¶16. After signing a consent form and being asked what medication he had taken for the day, Richards informed the test administrator that he had taken the painkiller Lortab

. The trooper then submitted his urine sample. Sergeant Griffin proceeded to secure Richards’ weapons and had his patrol car transported because he was "too impaired to drive."

¶17. That same day, Richards met with Lieutenant Charles Coleman and Captain Sanders. During the conversation, he informed Lieutenant Coleman that he had "only" taken Adderall the night before training. The trooper later changed his statement and admitted to taking a Lortab

in addition to Adderall on the morning of training. Richards explained to Lieutenant Coleman that he took Adderall to focus better. He further admitted to taking the additional medication to alleviate hip, shoulder, and ear pain that he allegedly suffered due to a major car accident.

¶18. Lieutenant Coleman later drafted a report about Richards’ behavior, noting that the trooper appeared to be "very incoherent and unresponsive while speaking." He also noted that Richards' "speech was slurred," and his face was "flushed red." Likewise, Captain Sanders reported that when he asked the trooper what had happened that day that caused others to believe he was under the influence of drugs, he was disoriented and just "stared at the floor."

¶19. MHP offered Richards assistance through a rehabilitation program, but he declined. MHP then decided to place him on administrative leave to "work through" any problems he had.

Richards’ Positive Test Results for a Variety of Controlled Substances

¶20. In the meantime, Richards’ drug test returned from the crime laboratory. The test checked for both the presence of drugs and their recent use, as shown by metabolites. Specifically, the test revealed four drugs, in addition to the drugs’ metabolites, that were present in his system the morning of the qualification at the shooting range. He tested positive for alprazolam

, and the metabolized by-product of it, alpha-hydroxyalprozalem, hydrocodone, and its metabolites, dihydrocodeine and hydromorphone, oxycodone and its metabolite, oxymorphone, and amphetamine, along with its metabolite, phenylpropanolamine.

¶21. Richards eventually admitted to taking Xanax

, Ambien, Adderall, Norco, doxepin, and testosterone, but he stated that he had prescriptions for the drugs. He was not tested for Ambien. MHP refrained from testing for Ambien because he had already admitted to taking it the night before he went to the range. The record reflects that Richards did in fact have prescriptions for the cornucopia of medications.

¶22. After receiving the test results, MHP charged Richards under a Group Three offense and issued him a statement of charges. Group Three offenses include reporting to work under the influence of drugs or alcohol, using drugs or alcohol at work, and other substance-related prohibitions. Specifically, Group Three, clause c prohibits: "[r]eporting to work under the influence of, or when ability is impaired by, alcohol or the unlawful use of controlled sustances[.]" Based on the...