Peden v. City of Detroit

While I agree with much of the majority’s analysis, I cannot join in its decision to uphold the trial court’s summary dismissal of this case. Instead, I would affirm the decision of the Court of Appeals, reverse the trial court’s ruling, and remand the matter for trial.

The issue is not whether defendant has the right to require all its officers to meet what it determines are essential functions of police work within the department. It is whether plaintiff presented a factual question about whether the requirements that defendant has designated as essential for its police officers are actually…