Former soldier wins $4.3 million judgement

**James48843** · 10-26-2009, 11:00 AM

Former soldier wins $4.3m judgment from Army

The Associated Press
Posted : Saturday Oct 24, 2009 15:25:33 EDT

ANN ARBOR, Mich. — A former soldier who lost his right hand when a bomb that he was disarming in Iraq exploded in 2004 has won a $4.3 million judgment against the U.S. Army in a disability discrimination case.

A federal jury in Ann Arbor on Friday reached a verdict in the civil case in favor of 38-year-old James McKelvey of Macomb Township.

Lawyer Kevin Carlson told the Detroit Free Press the case proved that the Army created a hostile work environment. The lawsuit said a boss and coworker at the Army’s Warren arsenal described McKelvey as “the cripple.”

A message seeking comment was left Saturday with a federal lawyer who handled the case for the Army.

The 2004 blast also shattered his face and voice box, and severely burned and damaged his left hand.

More from USA TODAY-back in October of 2007, when he orignially filed the complaint:
http://blogs.usatoday.com/ondeadline...eteran-su.html

In the court filing, McKelvey says he complained about the harassment to Lt. Col. Kevin Austin, who told him to "go find a new job" if he didn't like it at the arsenal.

The lawsuit says the retired soldier was described by co-workers and superiors as "the cripple" and "useless." At one point, McKelvey says his direct supervisor and one of his colleagues demanded copies of his medical records to justify his continued use of a state-issued handicapped parking permit.

Copy of the original complaint:
http://blogs.usatoday.com/ondeadline...-complaint.pdf

**mick504** · 10-26-2009, 12:53 PM

I read the article you posted...assuming all true...it is a very sad day for the treatment he received. Most people I assume do not treat people this way. Other responses to the article you posted did not receive similar bad treatment....but some others did. Some type of discipline should be imposed upon those that treat our soldiers badly.

**proud_af_husband** · 12-16-2010, 04:32 AM

What's really sad is that I've heard this guy is still in the military and was even promoted...

**JimmyJoe** · 12-16-2010, 06:02 AM

This type of treatment supvs give to subordinates in the civil svc is becoming more commonplace. I barely made it to retirement personally. Just letting you know. It's a psyco jungle out there.