Ryan Davis

Former Powell police officer Ryan Davis and Wilkerson Law Group are threatening litigation regarding his termination on Jan. 7, 2022, which they claim could qualify as unlawful termination. 

Davis had been hired by Powell Police Department in December 2020 and was fully sworn in as an officer in March 2021. Davis brought 11 years of military experience and six and a half years experience as an Amador County Sheriff’s deputy in California. Davis was honored on Sept. 7, 2021, along with his partner for aiding in saving the life of a Powell woman who had overdosed on fentanyl.

Davis is represented by Laura Newton. The Powell Police Department is represented by Thomas A. Thompson at MacPherson and Thompson, which represents the city of Powell. The Powell Police Department was cooperative with the Powell Tribune but could not discuss personnel matters or pending litigation when contacted.

“It’s my understanding there is no lawsuit at this time,” Thompson said. “There is pending or threatened litigation and for that reason I have no comment.”

Davis, who was diagnosed with COVID-19 at the end of September 2021, developed a condition known as long COVID. According to the Centers for Disease Control (CDC) and Prevention long COVID is essentially long-term health effects caused by COVID-19. 

“Post-COVID conditions can include a wide range of ongoing health problems; these conditions can last weeks, months, or years,” the CDC website explains. 

During the period of time Davis had COVID-19, Davis’ wife called 911 because Davis had become unresponsive as a result of catching COVID-19.

Davis was diagnosed with pneumonia and tachycardia on Dec. 9, 2021, as a result of having had COVID-19 by both his primary physician and cardiologist. According to the Mayo Clinic website, tachycardia is when the individual’s heart rate is over 100 beats per minute. When untreated it can possibly cause heart failure, sudden cardiac death or stroke. Davis also spent some time on oxygen. At the time of Davis’ termination he had not been cleared for active duty. 

“I made the department aware every step of the process, providing them all of the paperwork, and frankly, expressed my disappointment and frustration that the healing process was arduous; it was taking longer, I wanted to get back to work, I was tired of sitting on the couch, I was tired of feeling sick and out of shape,” Davis said. “But one, I had to abide by city policy and get that letter. Two, I had to go with what the doctors were telling me.”

According to documentation from Newton outlining possible applicable law and any possible claim, Davis was in compliance with the Americans with Disabilities Act (ADA), Wyoming Fair Employment Practices Act (WFEPA), Worker’s Compensation, U.S. Department of Justice (DOJ) and the Family Medical Leave Act (FMLA). Davis also had to comply with the city of Powell’s own policies and practices and those of the Powell Police Department.

According to the document, due to Davis’ line of work COVID-19 was included as an injury by Workers Compensation from the period of Jan. 1, 2020-March 31, 2022. “It shall be presumed that the risk of contracting the illness or disease was increased by the nature of the employment,” the documentation states. Workers Compensation will not accept illness or communicable disease unless chances of contracting the illness or disease are heightened by the individual’s employment.

The definition of qualified disability for the ADA is “physical or mental impairment that substantially limits one or more major life activities.” The DOJ and WFEPA mirror this definition.

A document provided by Newton claims that Davis was not involved in discussions regarding accommodations. 

Newton said in the document, “Zack Thorington, the City Manager, simply stated to Officer Davis that there were no open positions. There was no real discussion.”

Newton states that Davis did receive FMLA from the Powell Police Department. The U.S. Department of Labor website says employees must work for their employer for 12 months in order to receive FMLA, within these 12 months an employee can only take 12 weeks leave. Davis’ total time with the department was roughly 10 months, if he were out until early March as recommended by his doctors this would exceed the allotted 12 weeks. It was not disclosed to the Tribune how much leave was allotted by Worker’s Compensation. 

Davis also received sick days from the Powell Police Department sick bank (employees can donate sick hours to and draw from the sick bank following six months of employment, which he had accumulated). Davis consulted with his medical team in March and was cleared for active duty.

As of the time this article was written, no formal lawsuit had been filed. Newton and Davis were seeking to resolve the issue, mainly the termination letter, which Davis says will affect his ability to get future jobs in law enforcement.

According to documents provided by Newton, if the issue is not resolved reports may be made to the DOJ, Workers Compensation, the U.S. Equal Employment Opportunity Commission, the U.S. and Wyoming departments of Labor, the Powell City Council and the insurance provider for the city of Powell.