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SMITH v. CITY OF TOLEDO, OHIO

No. 20-3434.

13 F.4th 508 (2021)

Major SMITH, III, Plaintiff-Appellant, v. CITY OF TOLEDO, OHIO; Wade Kapszukiewicz, Mayor, City of Toledo; Brian Byrd, Chief, City of Toledo Fire and Rescue Department; Luis Santiago, Retired Chief, City of Toledo Fire and Rescue Department, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 7, 2021.

Attorney(s) appearing for the Case

ARGUED: Norman A. Abood , THE LAW OFFICE OF NORMAN A. ABOOD, Toledo, Ohio, for Appellant. Jeffrey B. Charles , CITY OF TOLEDO, Toledo, Ohio, for Appellees. ON BRIEF: Norman A. Abood , THE LAW OFFICE OF NORMAN A. ABOOD, Toledo, Ohio, for Appellant. Jeffrey B. Charles , Edward T. Mohler , CITY OF TOLEDO, Toledo, Ohio, for Appellees.

LARSEN, J., delivered the opinion of the court in which NALBANDIAN, J., joined. WHITE, J. (pp. 522-23), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Major Smith, III wanted to be a firefighter. But he could not perform the critical firefighting skill of cutting a hole in a roof using a chainsaw. The Toledo Fire and Rescue Training Academy (the Academy) had a policy of dismissing recruits who were unable to perform this skill after the third attempt. Smith...

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