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DELEON v. KALAMAZOO COUNTY ROAD COMMISSION

No. 12-2377.

739 F.3d 914 (2014)

Robert DELEON and Mae Deleon, Plaintiffs-Appellants, v. KALAMAZOO COUNTY ROAD COMMISSION; Travis Bartholomew and Joanna Johnson, in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 14, 2014.

Attorney(s) appearing for the Case

ARGUED: Lennox Emanuel , The National Law Group, P.C., Detroit, Michigan, for Appellants. Thomas H. Derderian , Michael R. Kluck & Assoc., Okemos, Michigan, for Appellees. ON BRIEF: Lennox Emanuel , The National Law Group, P.C., Detroit, Michigan, for Appellants. Thomas H. Derderian , Michael R. Kluck & Assoc., Okemos, Michigan, for Appellees.

SUTTON, J. (pp. 11-14), delivered a separate dissenting opinion.

OPINION

DAMON J. KEITH, Circuit Judge.

Robert Deleon ("Deleon") appeals the dismissal of certain of his claims from the district court's grant of summary judgment in Defendants' favor. The district court granted Defendants' motion on the basis that Deleon did not suffer an "adverse employment action." Deleon was laterally transferred from one department to another, which he alleges constituted an action giving rise...

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