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In a move that landed with the finality of a closed firehouse door, the U.S. Supreme Court on Monday refused to reopen the case of a former Denver firefighter who claimed the city forced him into retirement by assigning work that worsened a serious hand injury. The justices’ decision leaves untouched a Tenth Circuit ruling that extinguished his lawsuit before it ever reached trial.

High Court Leaves Lower Ruling Standing

In its latest order list, the Supreme Court rejected a certiorari petition from David Perez, who brought claims under Title VII and the Americans with Disabilities Act. Without offering commentary—typical of such denials—the justices allowed a February Tenth Circuit opinion to stand. That ruling held Perez had blown past the deadline for filing his bias charge with the U.S. Equal Employment Opportunity Commission.

According to the appellate court, Perez resigned on Feb. 27, 2020, placing his departure outside the 300-day filing window required to keep his claims alive. Perez had insisted the clock didn’t start ticking until March 2, 2020, arguing that the real end of his employment fell within the permissible period.

Claims of False Statements and Misleading Evidence

In his June petition, Perez accused the city of Denver of submitting misleading evidence—specifically, an exhibit suggesting that he gave written notice of disability retirement to supervisors and human resources. He argued the city falsely portrayed his notification as definitive, creating the impression that his resignation was effective well before it truly was. If the correct date were recognized, Perez maintained, his EEOC charge would have been timely, potentially resurrecting his suit.

Injury, Modified Duty, and Forced Retirement Allegations

Perez filed the underlying lawsuit in May 2021, claiming he suffered a right-hand injury in 2019 while on duty. He was moved to a modified role performing fire inspections, but according to him, a supervisor soon began scrutinizing his work and required him to handwrite every report—a task he says further damaged his already-injured hand and left him permanently impaired.

The former firefighter contended that Denver failed to offer reasonable accommodations and rejected his applications for alternative positions he could have handled despite his injury. With limited options and worsening pain, Perez said he felt pushed into an unwanted disability retirement.

Representation and Reactions

Perez is representing himself in the matter. He and city officials did not immediately respond to requests for comment.
The city is represented by Karla J. Pierce of the Denver City Attorney’s Office.