ANTHONY BASCOMB V COUNTY OF WAYNE

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STATE OF MICHIGAN COURT OF APPEALS ANTHONY BASCOMB, UNPUBLISHED October 4, 2002 Plaintiff-Appellee, v MICHIGAN LAW ENFORCEMENT OFFICERS TRAINING COUNCIL, No. 226660 Wayne Circuit Court LC No. 93-300668-CL Defendant-Appellant, and COUNTY OF WAYNE and WAYNE COUNTY SHERIFF, Defendants. Before: White, P.J., and Neff and Jansen, JJ. WHITE, P.J. (concurring). I agree that neither collateral estoppel nor the law-of-the-case doctrine barred plaintiff from asserting that he was medically fit at the time he was expelled from the program. The dismissal of the discrimination claim did not constitute a factual determination of the question whether plaintiff was medically qualified when he was expelled in 1997. Nor was the issue determined in the prior appeal. Further, defendant did not establish that it was entitled to prevail on its mixed motive defense as a matter of law. There were questions of fact regarding defendant’s motivation and plaintiff’s ability to meet the medical requirements when he was expelled. Evidence of plaintiff’s medical condition was properly admitted. The question of economic damages was properly submitted to the jury, and the award was supported by the evidence. I join the majority’s discussion of the attorney fee issue. /s/ Helene N. White -1-

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