Judge: Firing of armed pharmacist OK

GRAND RAPIDS, Mich. (WOOD) - A federal judge has ruled in favor of Walgreens after a former employee sued, saying he was terminated for shooting at armed robbers in a Berrien County store.

Pharmacist Jeremy Hoven opened fire on armed robbery suspects at the Benton Township Walgreens in the early morning hours of May 8, 2011. No one was shot in the incident. But Walgreens fired Hoven, he said, for violating a non-escalation policy that he says he has never seen.

Hoven filed suit against Walgreens in September 2011, challenging the drug store chain's right to fire him for acting in self-defense. In a reply to the lawsuit at the time, Walgreens contended it had a plausible and legitimate business reason to justify its decision. The company said Hoven had no right to carry or discharge a weapon in their store at any time.

Tuesday, a federal judge determined that Hoven's right to self-defense did not trump Walgreens' right to fire Hoven for violating company policy.

The written ruling from US District Court Judge Janet Neff said that Hoven's case "fails to state a plausible public-policy wrongful discharge claim."