Orange Co. man suing former employer, claiming discrimination

By Ben Hart | Feb 6, 2014

An Orange County man is suing his former employer, claiming discrimination due to disability.

David Kelly filed a lawsuit Jan. 23 in the U.S. Court for the Eastern District of Texas Beaumont Division against U.S. Attorney General Eric H. Holder and Akal Security Inc., citing disability discrimination.

Kelly alleges he was terminated from his job as a Court Security Officer in May, on the basis of a disability.

Akal Security Inc., headquarted in Espanola, N.M., is a security company that has federal contracts to guard immigration detention centers, federal courthouses, NASA facilities, federal buildings in Washington, D.C., and numerous embassies under construction.


According to the complaint, Kelly has an abnormal heartbeat that he treats with Warfarin, a blood thinner, to prevent heart attacks. Kelly claims his condition didn't restrict his duties in any way and he was successfully being treated.

The suit states that after receiving a physical by Dr. Leslie Hutchinson, who worked under the defendant, he was let go from his post, allegedly as a result of his condition. The defendant claimed his condition posed a significant health risk to himself and he was not medically qualified to perform his tasks.

Kelly is seeking damages, interest, attorney's fees and court costs.

He is being represented in the case by Texas attorneys Katherine L. Butler and John W. Griffin Jr. of Marek, Griffin & Knaupp in Houston.

The case has been assigned to District Judge Marcia Crone.

Eastern District of Texas Court Case No. 1:14-cv-00025-MAC


This is a report on a civil lawsuit filed at the Eastern District of Texas Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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