Fifty-four-year-old Terryn Risk, of Weirton, W.Va., was fired from his part-time position on the Burgettstown force in Washington County in 2005. A federal jury last month found officials harassed him about a cross he wore on his uniform and awarded him $100,000 damages.
U.S. Magistrate Lisa Lenihan now says Risk deserves about $17,000 in back pay but not reinstatement.
Burgettstown officials say Risk wasn't available for all shifts and that he and other part-time officers were fired to cut costs.
Risk had asked not to work from 12:01 a.m. to 8 a.m. Sunday, saying that shift made attending church services difficult.
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