A former Birmingham police officer is fighting to get his job back after he was caught sexting on the job.
Former officer Jason Yarbrough admits he texted explicit photos of himself to a woman. He was fired in January after an internal investigation.
"He's very sorry he did that. It had nothing to do with his ability to be a police officer," Yarbrough's attorney Scott Morro says.
Morro filed an appeal in Jefferson County Circuit Court fighting his client's termination from the Birmingham Police Department.
"He happened to be at work on light duty," Morro said. "He started a conversation with someone he knew for several years. That conversation turned into a sexual conversation. This officer sent a photo he had stored on his phone of his private parts."
Morro says the woman's husband saw the picture on her cell phone and he filed a complaint against Yarbrough, which led to an internal investigation.
Morro is appealing Yarbrough's termination because he feels the punishment is too severe.
"You want to make sure in my position that my client gets treated fairly," Morro said.
In the appeal, Morro outlines several incidents where Birmingham officers were accused of similar offenses. Morro says the majority of their punishments were not as severe as Yarbrough's.
Morro is also questioning whether the termination is racially motivated.
"We argue that, it's unfortunate, I don't like to make this argument, that African-American employees at Birmingham Police Department were treated more favorably than officer Yarbrough, who is white," Morro said. "I just want to make sure the same conduct or worse receive the same punishment."
A Birmingham Police Department spokesperson says officials don't comment on internal matters like this.
Attorney Scott Morro has also filed a complaint with the "Equal Employment Opportunity Commission," which investigates complaints of discrimination.
Yarbrough's appeal in Jefferson County Circuit Court will be heard in the coming months.
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