In 2001, Tyler Harrison began his employment with the Holmes County Sheriff’s Department in Florida as a correctional officer. He eventually became a certified law enforcement officer, achieved the rank of lieutenant, and oversaw narcotics investigations.
Harrison was diagnosed with depression in February 2017, and began taking medication for depression and anxiety. Harrison’s depression worsened despite his treatment. Harrison saw Dr. Joy Rabon for two counseling sessions, and she diagnosed him with generalized anxiety disorder. Dr. Rabon also stated that Harrison had what she “felt like” was alcoholism, depression, and PTSD, but did not make a formal diagnosis. Later that year, Harrison began a brief relationship with Sergeant Page Fleming, a married coworker in the Narcotics Division.
Harrison’s mental health struggles were disclosed to several coworkers within the Department. Fleming, Sheriff John Tate, Major Michael Raley and Deputy Ryan Segers all had knowledge of Harrison’s condition and treatment. Fleming even accompanied Harrison to his first counseling session with Dr. Rabon. Fleming also reported to Raley that “Harrison was depressed and that Raley needed to call Harrison to check on him.”
In January 2018, Fleming received a call from Harrison in the early afternoon; he was crying and inconsolable. Fleming kept him on the phone until she could get to him. When she arrived on the scene, Harrison was sitting in the driver’s seat of his unmarked police truck with a revolver in his hand. Fleming saw Harrison point the gun at himself and heard a gunshot. Harrison had shot himself under his chin.
Harrison survived, and subsequently took 12 weeks of leave under the Family and Medical Leave Act. During that leave, “Raley told Harrison that if he did not resign, the Sheriff would investigate ‘the shooting’ and ‘the Fleming thing’ to support terminating him.” In April 2018, on the day Harrison was set to return from FMLA leave, he received a Notice of Internal Investigation which stated that he would be investigated for allegedly violating several of the office’s policies. Harrison resigned the same day. Despite being told that he could return after a year, Harrison was never hired back by the Sheriff’s Office.
Almost four years later, Harrison filed a civil complaint against the Holmes County Sheriff, alleging that he was constructively discharged on the basis of his actual or perceived disability – namely, his mental health issues – in violation of the Rehabilitation Act.
The U.S. District Court granted summary judgment to the County Sheriff, finding that Harrison was not disabled within the meaning of the Rehabilitation Act, and that Harrison was not constructively discharged solely by reason of his alleged disability as required under the Rehabilitation Act. Instead, the Court found Harrison was discharged because he had committed actionable misconduct, including his relationship with Fleming and that he had been intoxicated in a County vehicle.
Harrison appealed, and the decision of the district court was affirmed. “Here, even assuming that Harrison is (1) disabled; (2) qualified for the job; and (3) suffered an adverse employment action, the adverse action was not based solely on a disability. And even the conduct that Harrison argues was tied to his disability – being drunk and armed while on call in a County vehicle – is a fireable offense irrespective of whether his disability involved depression and alcoholism.”
Harrison v. Sheriff, Holmes Cnty. Fla., 2024 WL 449374 (11th Cir., 2024).