DRUG USER FILES DISCRIMINATION SUIT, SEEKS $5.5 M FROM ARMY DEPOT

TEXARKANA -- Oklahoma resident Eric Payne says THC found in his
system was by prescription, and therefore he was wrongfully
terminated as an illegal drug user by the Red River Army Depot.

Acting as his own attorney, Payne is suing Red River for handicap
discrimination, harassment, slander and wrongful termination. He
wants "illegal drug use" removed from his personnel file and $5.5
million in damages. The suit was filed Oct. 25 in the Texarkana
Division of the Eastern District of Texas.

Employed as a firefighter and EMT by Red River Army Depot (RRAD)
since July 2001, Payne was diagnosed with anxiety disorder in March
2006, causing him to seek a two-week leave of absence. Prior to the
approval to his leave, Payne was told he would be working at a
different fire station. Payne believes this transfer was a result of
his anxiety disorder diagnosis and thus, is claiming handicap discrimination.

When Payne returned to work, the Depot's Acute Care Doctor evaluated
him for more than two hours. Court documents say Payne appearded
nervous, unsteady and emotionally overcome. He told the doctor he was
taking Wellbutrin, Xanax and Marinol for treatment of his anxiety
disorder.The doctor noted that Payne "seems to be reacting to a
perceived threat of losing his job due to some alleged false allegation."

Marinol is a prescription drug that contains a synthetic form of THC,
one of the chemical components in marijuana and is FDA approved for
treating nausea, vomiting, and appetite loss of cancer and AIDS
patients. Some of Marinol's most common side effects include
dizziness and paranoia.

About four months later, Payne was notified by a letter from RRAD's
Col. Douglas Evans that he had tested positive for drug use. Evans
informed Payne that he was being placed on administrative leave and
was barred from the Depot.

The Depot then sent a formal notice of termination, which Payne
signed on Nov. 30, 2006. The Director of Public Works stated the
specific reason for termination was the drug test result that showed
the chemical THC. According to the letter, Payne's termination was
justified because he had been advised by drug testing officials to
submit medical documents, a physician's letter or a recent
prescription regarding his Marinol usage.

The lab says it did receive a note regarding the drug use, but
officials were unable to contact Payne's physician to validate the
note's authenticity. The lab indicated it was told by the physician's
nurse that there were no notes in Payne's chart regarding the use of Marinol.

The Depot claims that while Payne knew officials were having
difficulties verifying the Marinol, he failed to provide any
confirmation that the THC was the result of a prescription drug, not
illegal drug usage.

"Instead, [Payne] called the lab and told the representatives not to
call [his] residence anymore," the defendants claim. Payne was
formally terminated on Dec. 7, 2006.

Payne further alleges harassment and slander. He says an FBI report
used during an investigation by the Office of Personnel Management
contained "completely inaccurate" information. According to the
report, Payne had failed a substance abuse test given by a previous
employer, was arrested and charged for possession of marijuana but
not convicted, arrested for speeding and convicted for assault and battery.

Payne claims the report was improperly released to the EMT board by
RRAD officials in an effort to have his EMT license revoked.

On Sept. 25, Payne petitioned the U.S. Merit System Protection Board
for review but was denied due to lack of new evidence. The Review
Board notified Payne that he did have the option to initiate a civil
action within 30 days.

He did that, exactly one month later.

Magistrate Judge Caroline Craven has been assigned to the case.

Case No.: 5:07cv00162