Facer v. City of Toledo

ChaRles J. Doneghy, Judge.

Following an April 27, 1998 hearing on the plaintiffs motion for preliminary injunction, this declaratory judgment/permanent injunction case is now before the court for a judgment on the merits.1 Upon review of the pleadings, evidence adduced and entered at the hearing, oral and written arguments of the parties, and applicable law, the court finds that the defendant is entitled to judgment as a matter of law.

I. FACTS

The plaintiff, Dennis Facer, is a captain in the city of Toledo’s Fire Division (“the Fire Division”). This case arises from the failure on the part of…