The US Sixth Circuit Court of Appeals has upheld the city of Troy’s decision to place a police officer on unpaid leave following his brain surgery. The officer sued the city under the Americans with Disabilities Act.
Patrol Officer Todd Michael worked for the Troy Police Department since 1987. He had three surgeries between in 2007 and 2009 to remove part of a non-cancerous brain tumor. During that time, Michael’s wife and superiors noticed aberrant behavior, including tagging along with a cocaine dealer on drug deals. Michael sued under the ADA after he was placed on unpaid administrative leave, saying he was discriminated against because of his disability.
The Sixth Circuit Court of Appeals said the city acted properly because it was “objectively reasonable” to conclude there was no accommodation that could be made to safely return Officer Michael to patrol duty. One judge dissented and said that decision should have been made by a jury.