A man has dropped his lawsuit against Los Angeles County in which he alleged he was wrongfully discharged from his probationary firefighter position in 2022 based on a false finding that he tested positive for methamphetamine in his bloodstream.
Joseph Allen contended in his Los Angeles Superior Court lawsuit that he took amphetamines for attention-deficit/hyperactivity disorder and that he never took methamphetamine. Allen also maintained that he was chided on the job for fatigue and other side effects he suffered from ADHD and that some colleagues called him “Sleepy Joe.”
On Thursday, Allen’s attorneys filed court papers with Judge Virginia Keeny asking that his suit be dismissed “with prejudice,” meaning it cannot be refiled. The court papers do not state if a settlement was reached or if Allen is not pursuing the case for other reasons.
In their previous court papers, county attorneys denied Allen’s allegations and defended his discharge.
“Plaintiff was terminated from his position as a firefighter because of a positive drug test, and (positive) re-test, result for methamphetamine,” the county lawyers stated in their pleadings. “For a firefighter, that is not only grounds for discharge, but if this did not lead to a discharge, and something adversely happened to the public, the county would be liable.”
Allen was hired as a probationary firefighter in July 2021. He was previously diagnosed with attention-deficit/hyperactivity disorder.
While in training, Allen took part in strenuous activities, lectures and long hours of studying, so he could only sleep about six hours per night weekdays, the suit states. By week’s end, Allen could not focus and concentrate during lectures fell asleep in class, prompting colleagues to call him “Sleepy Joe,” according to the suit brought in August 2022.
After a random screening in April 2022 Allen allegedly tested positive for amphetamines and methamphetamine, even though the plaintiff had never taken methamphetamine, the suit states. People who take amphetamines for ADHD have a high likelihood of drug test results that show a false-positive methamphetamine, according to the suit.
A second test the next month showed the same results, according to the suit. Allen offered proof of his ADHD prescription, but the department did not contact him about it and he was discharged in May 2022, according to the complaint.