A former state trooper from Butler who worked as a procurement and supply officer at the Butler barracks was awarded nearly $2 million in a federal lawsuit after a jury found he was forced to retire due to a disability.

Retired trooper Robert Newton was awarded $100,000 in compensatory damages by a jury following a three-day trial in November and, on Thursday, an additional $1.85 million in front and back pay, attorney fees, expenses and lost pension benefits by U.S. Magistrate Maureen Kelly.

Through his attorney Nikki Velisaris Lykos, Newton filed a complaint against state police in December 2018 arguing that he was twice passed over for a promotion to corporal in favor of others who ranked lower on the promotion list because of his disability, in violation of the Rehabilitation Act of 1973.

Newton began working as a cadet in September 1995 and became the procurement and supply officer in the staff services unit in August 2002.

In 2001, he was diagnosed with osteosarcoma, a form of cancer, in his left shoulder. The cancer metastasized into his lung, according to the suit. Part of his shoulder was removed in a surgery in 2002 and he underwent surgery again in 2008, when a tumor was detected in his lung.

He took written and oral tests for a position as corporal in 2015, but was passed over for the promotion in February and June 2017. Three of the eight openings for corporal were in Troop D, which includes the Butler barracks, according to the complaint.

In 2016, he filed an internal complaint about disability harassment claiming his supervisor repeatedly made offensive jokes and negative comments about his disability. The supervisor referred to Newton as “T-Rex” and made gestures with his arms, imitating someone with short arms, according to the complaint. Newton also filed two discrimination complaints against the department with the U.S. Equal Employment Opportunity Commission.

The jury found that he was forced to retire Sept. 4, 2020, in violation of the Rehabilitation Act.

State police argued that Newton wasn’t promoted because he did not submit medical documentation saying he could return to full duty.

"My client and I hope that, in light of this verdict, the state police will reconsider their unlawful practice of forcing officers on limited duty status to retire after 25 years of service. This verdict is a significant advancement for disabled workers,“ Lykos said.

State police are reviewing appeal options and cannot comment on active litigation, according to the communications office.

The judgment Kelly ordered in favor of Newton and against the state police totals approximately $1,953,365. The judgment includes $1.3 million in front pay, $215,820 for lost pension benefits, $195,172 in attorney fees and $44,918 in expenses, $132,276 in back pay, $100,000 in compensatory damages and $5,136 in prejudgment interest.