MAJOR SMITH, III 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 - Articles

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MAJOR SMITH, III 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

Posted by: Karen Belcher on Sep 7, 2021

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Norman A. Abood, THE LAW OFFICE OF NORMAN A. ABOOD, Toledo, Ohio, for Appellant.

Attorneys 2: ARGUED: Jeffrey B. Charles, CITY OF TOLEDO, Toledo, Ohio, for Appellees.

Attorneys 3: ON BRIEF: Norman A. Abood, THE LAW OFFICE OF NORMAN A. ABOOD, Toledo, Ohio, for Appellant.

Attorneys 4: ON BRIEF: Jeffrey B. Charles, Edward T. Mohler, CITY OF TOLEDO, Toledo, Ohio, for Appellees.

Judge(s): WHITE, LARSEN, and NALBANDIAN, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Northern District of Ohio at Toledo

LARSEN, Circuit Judge. 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, however, was given nine chances to perform this skill; yet he failed every time. He was dismissed from the Academy. Smith argues that he was dismissed because of his race. The district court disagreed and granted summary judgment to defendants. We AFFIRM.

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