Oscar Cherry v. City of Bowling Green, Kentucky

KETHLEDGE, Circuit Judge.

Oscar Cherry appeals the district court’s grant of summary judgment in favor of the City of Bowling Green, Kentucky (“City”) with respect to his claims under 42 U.S.C. § 1983 and Kentucky Revised Statutes § 446.070. We affirm as to the former claim, but vacate and remand as to the latter.

I

A

Cherry began working for the Bowling Green Fire Department in 1977, ultimately rising to the position of Deputy Chief. In May 2005, the City charged him with using a City credit card to make personal purchases. The City Commission conducted a hearing, found Cherry in violation, and…