GARY MCNEAL v. CITY OF BLUE ASH, OHIO; DAVID WALTZ, individually and in his official capacity as City Manager of the City of Blue Ash; SCOTT NOEL, individually and in his official capacity as Chief of the Blue Ash Police Department - Articles

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Posted by: Azya Thornton on Sep 23, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON MERITS AND SUPPLEMENTAL BRIEFS: Zachary Gottesman, GOTTESMAN & ASSOCIATES, Cincinnati, Ohio, Christopher Wiest, CHRIS WIEST, ATTY AT LAW, PLLC, Covington, Kentucky, for Appellant.

Attorneys 2: ON MERITS AND SUPPLEMENTAL BRIEFS: Dawn M. Frick, SURDYK, DOWD & TURNER, Dayton, Ohio, for Appellees Waltz and Noel in their official capacities and for Appellee City of Blue Ash. Kirk M. Wall, H. Devon Collins, DINSMORE & SHOHL LLP, Columbus, Ohio, for Appellees Waltz and Noel in their individual capacities.

Judge(s): WHITE, THAPAR, and BLOOMEKATZ, Circuit Judges

Court Appealed: United States District Court for the Southern District of Ohio at Cincinnati

HELENE N. WHITE, Circuit Judge. Plaintiff-Appellant Gary McNeal appeals the grant of summary judgment to Defendants-Appellees—the City of Blue Ash, David Waltz, and Scott Noel—in this action stemming from the alleged humiliation, scrutiny, and discipline McNeal experienced in the final years of his employment as a police officer and the termination of that employment. Because McNeal cannot show that age was the “but-for” reason for the termination of his employment, we AFFIRM the district court as to that claim, but we REVERSE on McNeal’s claim of a hostile work environment against Blue Ash.

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