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A Federal Protective Service field-training officer has won back the position after being fired on the grounds that she couldn't complete mandatory job training because of a medical condition.

The employee alleged wrongful termination, saying that FPS, which is located within the Immigration and Customs Enforcement bureau, lacked a legitimate reason for her removal. The American Federation of Government Employees represented the worker, who was unnamed.

The employee, who had served just over three years at FPS, was required to complete a police basic training program. But following knee surgery, the officer was told by a doctor not to run, and thus could not attend the training, AFGE said in a release.

The officer then received a second medical opinion allowing her to "continue with activities as tolerated," which included permission to resume running. Nevertheless, she was fired.

AFGE argued that the agency failed to prove that the employee was unfit to complete training. An arbitrator found in favor of the employee and ordered her restored to her old job back with back pay.

"This was nothing more than a case of DHS abusing its authority," said Angelia Wade, an AFGE attorney. "DHS took her job without even proving that she couldn't function in her position."

Phony Story, Real Sentence

Peter Taoy, a former Federal Protective Service officer, was given an 18-month prison sentence for fabricating a story justifying his shooting at a car after a high-speed chase, the San Francisco Chronicle reported last week.

Taoy will serve his sentence in a federal penitentiary. An accomplice, John Haire, also a former FPS officer, received six months of home detention.

Taoy, 50, and Haire, 43, both admitted to making up a story that the suspect they were chasing, Jeffrey Petri, attempted to run over Taoy with his car. They also acknowledged lying that the chase began on federal property. Petri was jailed for six days on an assault charge after the February 2003 confrontation.

U.S. District Judge Marilyn Hall Patel handled the sentencing.

FPS investigator Charles H. Jackson, who was convicted of filing false documents to cover up the incident, is scheduled to be sentenced Sept. 12.

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