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|MAJOR SMITH, III,
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
| No. 20-3434|
Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
No. 3:18-cv-02948—Jack Zouhary, District Judge.
Argued: March 3, 2021
Decided and Filed: September 7, 2021
Before: WHITE, LARSEN, and NALBANDIAN, Circuit Judges.
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.