Police Officer Seeking Legal Defense Costs Loses Round in Court

A former police officer seeking legal defense costs for a criminal incident that he says occurred in the scope of his employment suffered a setback when an Atlanta federal judge ruled his breach of contract claim was preempted by ERISA.

Jordan Michael Posey, who worked as a law enforcement officer in Pike County, Ga., sought benefits under the Fraternal Order of Police Legal Plan, which provides legal defense costs for administrative, civil, and criminal actions arising from the scope of an officer’s employment.

The plan’s administrator, Sedgwick Claims Management Services Inc., denied his claim after concluding that the relevant incident ...