A now-retired Pennsylvania trooper was awarded $2 million after a Philadelphia jury found his claims of forced retirement by his employer, the state police, to be substantial.

Robert Newton was a Pennsylvania state trooper when he filed a federal lawsuit in December 2018 against the state police department. In his suit, he claimed that because of his disability, he was passed over twice for promotional opportunities. After initially filing his suit with those claims, he later amended his complaint arguing that he was forced to retire by the department in September 2020 after reaching 25 years of service with the force.

The retired trooper began his career with the department in 1995. It wasn't until 2001 that he was diagnosed with osteosarcoma in his shoulder. Shortly after the diagnosis, the osteosarcoma metastasized to his lung. As a result of a surgery he had to stop the spread, Newton had part of his shoulder removed.

Following the surgery, Newton was left with limited mobility in his left arm. Because of the nature of his disability, the trooper explained in the claim that the department put him in positions with limited duty, and Newton subsequently served as a procurement and supply officer.

In his lawsuit, he explains that in 2015 he took the necessary tests to move up in ranks as a corporal. Despite ranking higher than other applicants, Newton was passed over for multiple openings for corporals.

Following the incident, Newton filed an internal complaint. In his complaint, he recounted the disability harassment he suffered and how a supervisor routinely made fun of his disability by making offensive jokes and negative comments. He explained in the complaints that a supervisor would call Newton names including “T-Rex” referring to Newton’s disabled arm. Newton recounted how the supervisor would also make offensive gestures mimicking his disability.

In their judgment, the jury found that because Newton was forced to retire early, his rights under the Rehabilitation Act of 1973 were violated. As a result of the jury verdict, U.S. Magistrate Maureen Kelly issued a ruling that awarded Newton $2 million, $100,000 of which was for compensatory damages. The judgment against the state totaled $1,953,365. $1.3 million was issued to be paid upfront, $215,820 was ordered for lost pension benefits, $195,172 was ordered for attorney fees, plus $44,918 for expenses and $132,276 in back pay.

Following the ruling, Newton's attorney, Nikki Velisaris Lykos, shared, "My client and I hope that, in light of this verdict, the state police will reconsider their unlawful practice of forcing officers on limited duty status to retire after 25 years of service. This verdict is a significant advancement for disabled workers.”