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BARNES v. CITY OF CINCINNATI

Nos. 03-4110, 04-3320.

401 F.3d 729 (2005)

Philecia BARNES, Plaintiff-Appellee, v. CITY OF CINCINNATI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 22, 2005.

Attorney(s) appearing for the Case

ARGUED: Richard Ganulin, City Solicitor's Office, Cincinnati, Ohio, for Appellant. Alphonse A. Gerhardstein, Laufman & Gerhardstein, Cincinnati, Ohio, for Appellee. ON BRIEF: Richard Ganulin, Augustine Giglio, City Solicitor's Office, Cincinnati, Ohio, for Appellant. Alphonse A. Gerhardstein, Jennifer L. Branch, Laufman & Gerhardstein, Cincinnati, Ohio, for Appellee.

Before: GILMAN and SUTTON, Circuit Judges; McKEAGUE, District Judge.

OPINION

MCKEAGUE, District Judge.

Phillip (now Philecia) Barnes ("Barnes") was living as a pre-operative male-to-female transsexual in 1999 when he failed the probationary period required to become a police sergeant in the Cincinnati Police Department ("CPD"). Barnes passed the sergeants exam, but failed the probationary period after he was subjected to a rigorous training program. Barnes brought suit against the City of Cincinnati in the United States District...

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