JAILED OFFICER'S SUIT SAYS CITY LIABLE FOR HIS CRIMES

Uncertainty over disability request led him to sell marijuana, he says

A former Winston-Salem police officer now imprisoned for selling drugs has
filed a lawsuit against the city, claiming in part that uncertainty over his
request for disability led to his criminal activities.

Keith Gordon Brinegar, 32, was arrested in January 2000 on Jonestown Road
after investigators found him with 4.5 ounces of marijuana, nearly $1,300 in
cash and a .45-caliber Glock semiautomatic handgun.

He pleaded guilty to federal drug and weapons charges in March 2000 and is
now serving a five-year sentence in Rochester, Minn.

According to the lawsuit, Brinegar suffers from an anxiety disorder that
leads to feelings of panic, obsessive-compulsive thoughts and fear of social
situations. The department knew about Brinegar's condition when he was hired
in 1993, and his condition had been treated successfully with medication and
therapy.

But his symptoms returned when doctors took him off Prozac in 1999,
according to the lawsuit.

Brinegar left the department on sick leave in August of that year to try to
get his symptoms back under control. In December, Brinegar applied for
disability retirement because of his mental illness. That same month he was
placed on unpaid leave.

But he began to worry when he didn't hear from the department about his
retirement, and a supervisor told him he must apply for more unpaid leave,
quit or be fired, according to the lawsuit.

"Keith began to panic and worry about his future, finding himself even more
depressed, fearful and anxious than usual," according to the lawsuit. "In
this confused state of mind, Keith concluded that selling marijuana was the
only way to alleviate his debt."

City attorney Ron Seeber said he saw the lawsuit for the first time Tuesday
and had not had a chance to research its claims. But Seeber said that the
department acted according to policy in handling Brinegar's retirement
request and that the city will vigorously defend itself against the charges.

Brinegar's attorney, Randolph James, said that Brinegar's decision to sell
drugs shows how mentally impaired he was at the time of the arrest. James
said that Brinegar was arrested trying to make his first sale.

"He wasn't a very good drug dealer," James said.

According to the suit, city officials notified Brinegar in February 2000
that although he was eligible for disability retirement, he would have to
take a position as a records specialist. James said the officials knew that
charges were pending against Brinegar and therefore he would be unable to
accept the position.

Seeber disputes the lawsuit's account of the job offer.

Brinegar was subsequently denied retirement benefits from the Winston-Salem
Police Officers' Retirement System.

Brinegar is suing to get disability retirement benefits and for a minimum of
$10,000 in damages.