Lomax v. Kelly

Petitioner probationary police officer was off-duty with a fel*534low officer when the vehicle he was driving skidded on ice and rear-ended another car. When petitioner called 911 to report the accident, the occupants of the other vehicle attacked the officers resulting in petitioner sustaining serious head injuries. While prosecuting the case against the assailants, an Assistant District Attorney discovered that petitioner’s medical records revealed that he was intoxicated at the time of the accident and informed an NYPD sergeant, who then reported the finding to the Internal Affairs Bureau.

Given…