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MICHAEL v. CITY OF TROY POLICE DEPT.

No. 14-2478.

808 F.3d 304 (2015)

Todd MICHAEL, Plaintiff-Appellant, v. CITY OF TROY POLICE DEPARTMENT; City of Troy, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 14, 2015.

Attorney(s) appearing for the Case

ARGUED: Shawn R. Cioffi , Sheehan & Associates, PLC, Rochester Hills, Michigan, for Appellant. Craig W. Lange , Kirk, Huth, Lange & Badalamenti, Clinton Township, Michigan, for Appellees.

ON BRIEF: Shawn R. Cioffi , Sheehan & Associates, PLC, Rochester Hills, Michigan, for Appellant. Craig W. Lange , Patrick S. McKay , Kirk, Huth, Lange & Badalamenti, Clinton Township, Michigan, Lori Grigg Bluhm , City of Troy, Troy, Michigan, for Appellees.

KETHLEDGE, J., delivered the opinion of the court in which COOK, J., joined. GILMAN, J. (pp. 8-20), delivered a separate dissenting opinion.

OPINION

The City of Troy (Michigan) Police Department placed Todd Michael, a patrol officer, on unpaid leave in 2010. The City did so for two reasons: first, Michael had engaged in a two-year pattern of aberrant behavior from 2007-09; and second, after Michael underwent brain surgery in 2009, two doctors concluded...

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