By Jim Hannah
The Cincinnati Enquirer

COVINGTON - A judge has declined to reinstate a fired city police lieutenant who claims he was discriminated against because of a birth defect that left his hands deformed.

Kenton Circuit Judge Patricia Summe ruled Friday that the Covington City Commission acted properly in January when it voted to fire Jackson for misconduct and insubordination.

"We are very pleased with the decision," said City Solicitor Jay Fossett. "We believe this ruling shows we acted within the law."

Jackson's attorney, R. Allen McCartney, declined to comment. The Louisville attorney first represented Jackson more than a decade ago, when the disabled man applied for a job with Covington police.

Jackson, who was 47 at the time of his firing, has one finger on his left hand and two on his right hand.

Jackson had appealed the decision in Kenton Circuit Court while proceeding with a related federal lawsuit filed last year and pending in U.S. District Court in Covington.

In the federal suit, Jackson claims city officials violated his rights under the U.S. Americans with Disabilities Act when they failed to promote him to captain. Jackson said he ranked first on a promotion list based on a written exam and an interview.

But in the 20-page order issued in the Kenton County case, Summe said Jackson was to blame for his dismissal.

Summe cites the Kenton County Public Library's decision to fire Jackson from a security detail at the library in Covington because of the aggressive way he treated patrons. Many of the incidents involved homeless people accused of breaking library rules but not committing a crime. The judge also outlined how Jackson didn't follow department rules when he chased a car into Ohio, collected lost wallets and towed stolen cars.

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E-mail jhannah@enquirer.com