A judge for the U.S. Court of Appeals for the Sixth Circuit dissented from the majority’s decision to affirm the grant of summary judgment to the Lexington Police Department, after a former police officer sued over his termination for his involvement in police protests in 2020.

In a Feb. 20 opinion, the circuit court majority affirmed the granting of the Lexington Police Department’s motion for summary judgment in regard to Jervis Middleton’s suit, which brought claims for breach of contract and First Amendment retaliation after he was terminated over providing confidential department communications to protestors.