Christopher Manney took the stand last year in his appeal before the Milwaukee Fire and Police Commission of his firing by Chief Edward Flynn. Credit: Journal Sentinel files

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The Milwaukee police officer who was fired after the fatal shooting of Dontre Hamilton at Red Arrow Park has lost another appeal to get his job back.

Milwaukee County Circuit Judge Richard J. Sankovitz agreed with the Milwaukee Fire and Police Commission's decision to uphold the firing of Christopher Manney.

Police Chief Edward Flynn fired Manney for his actions leading up to the shooting, including what Flynn termed an "out-of-policy pat down," but not for his use of force. Manney appealed the decision to the commission, which upheld Flynn's decision, and then he appealed to circuit court.

In his decision, Sankovitz reiterated that Manney was not fired for the shooting itself — which the judge called "tragic" for both families involved.

"He was fired because he violated Police Department rules, rules against the tactics he employed in approaching Mr. Hamilton that afternoon and about his decision to pat down Mr. Hamilton for weapons, and because these mistakes escalated a routine police encounter into a community catastrophe," Sankovitz said.

In summarizing the case, Sankovitz said Manney had argued the department's rule about weapons pat-downs was contrary to state and federal law, that evidence showed Manney had complied with the pat-down rule and the commission did not follow its own rules about turning over exculpatory evidence to an accused officer.

Sankovitz concluded the Police Department's pat-down policy followed state and federal law, the evidence supported the commission's decision, and that it was too late for Manney "to complain about the tardy disclosure of evidence he found favorable to his defense and used at trial."

In a statement released Wednesday, attorneys representing the Hamilton family praised the ruling and said they agreed with the judge's assertion that Manney's actions escalate the routine encounter "into a catastrophe of community-wide proportions with serious consequences for the public's confidence in the police department."

Manney's attorneys did not return a call for comment Wednesday.

Manney did not face state or federal criminal charges. Earlier this year, Hamilton's family filed a federal civil rights lawsuit, alleging the department's policies and practices led to his death. The lawsuit names Manney and the City of Milwaukee as defendants.

Manney was approved for duty-disability retirement last year. He applied for duty-disability two days before he was fired, saying the shooting and its aftermath left him suffering severe post-traumatic stress disorder.

Most officers and firefighters approved for duty disability receive 75% of their salaries, tax free, which results in about the same take-home pay as when they were working. Manney drew a gross salary of $71,014 in 2013, according to a Journal Sentinel database.