Times-Call (Longmont)

Supreme Court hints it may take case of fired state employees

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WASHINGTON — The U.S. Supreme Court has asked the U.S. solicitor general to weigh in on the case of a Texas state trooper who was fired from his job after he came home from a militar y deployment in Iraq too ill to patrol, in a lawsuit that could determine whether federal protection­s for ser vice members apply to state employees.

The orders to the solicitor general, which posted on the Supreme Court’s website on Monday morning, “means they [justices] believe the case has national impor tance that af fects the interest of the United States,” said Andrew Tutt, an attorney with Arnold & Porter, which was one of the firms petitionin­g the U.S. Supreme Court to hear the case.

The case of Leroy Torres v. The Texas Depar tment of Public Safety involves a 14-year Texas state trooper who deployed to Balad, Iraq, in 2007 as an Army reservist. Torres says he spent a year there inhaling toxic air from the base’s massive open-air trash burning pits.

When Torres returned home from Iraq, his respirator y condition had prevented him from ser ving on the road as a state trooper, the Texas attorney general’s of fice had said in its filing to the Supreme Court. Torres now requires supplement­al oxygen and said he requested, but was not provided, an alternativ­e desk job, and was forced to resign in 2012.

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