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BOP Reverses Termination of Disabled Guard in Settlement

Steven Dacey was a tenured Senior Officer (GS-07) at the BOP Federal Medical Center Devens in Ayer, MA, earning $41,000 a year when he was terminated on April 4, 2003. The reason for his termination was that he had not reported for work since November 11, 2000, and had failed to provide additional medical documentation to prove a continuing disability when the warden ordered him to. With the assistance of Derby, Connecticut attorney Samuel M. Rizzitelli, Jr., Dacey appealed the termination to the federal Merit Systems Protection Board.

Dacey was injured on September 25, 2000: Since that time he complained of instability. The warden focused on the physician's description of him as "very physically fit" in making the decision to terminate him.

On July 14, 2003, the parties settled the action by agreeing; to have a BOP physician perform a fitness-for-duty physical examination on Dacey within 30. Days, if found fit for duty, Dacey would return to work and if found unfit, the BOP would terminate him for medical reasons and Dacey would apply for disability retirement. The BOP also paid Rizzitelli $4,000 in attorney fees. See: Dacey v. Department of Justice, U.S. Merit Systems Protection Board, Docket No. BN-0752-03-0i27-1-1.

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Related legal case

Dacey v. Department of Justice