A police sergeant in the Army Reserve was mobilized and sent to serve in Iraq. He notified

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A police sergeant in the Army Reserve was mobilized and sent to serve in Iraq. He notified the police department that he was being deployed and was overseas for a little more than a year. During his time in Iraq, he was charged with violating the Military Code of Justice by making and dispensing homemade wine. During the proceedings against him, he volunteered to resign his commission and the military accepted the offer, dismissing the charges against him and granting him an honorable discharge. He returned to the United States and requested reinstatement to the police department about a month later. The police department had a policy of investigating all officers who had been away from work for extended periods to determine their continued fitness to serve. The sergeant’s reinstatement took three weeks. Although he was returned to work, the department continued to probe into the circumstances of his discharge and whether he had been truthful in the information he had supplied to the department. His reinstatement was to a desk job answering calls from the public, rather than his former capacity of patrol sergeant. His request for authorization to perform off-duty security work was denied on the grounds that he was under investigation. The police department had a policy of not allowing officers under investigation to perform security work. The sergeant sued. Did the police department violate USERRA? Why or why not? (See Petty v. Metro Govt. of Nashville & Davidson County, 2008 U.S. App. LEXIS 17549 (6th Cir.).)

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