This lawsuit arises from the COVID-19 pandemic, and the City of Ann Arbor’s denial of religious exemptions to Plaintiffs, former City employees, from its mandatory COVID-19 vaccination policy. As the lawsuit currently stands, Plaintiffs Jennifer Alexa, Jeff Malone, and Tim Rugg alleged that the City of Ann Arbor (“City”) failed to accommodate their religious beliefs in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) and Michigan’s Elliott-Larsen Civil Rights Act.
The City sought to disqualify the expert report and testimony of Kyle C. McKenna, Ph.D., a biology professor and ocular immunologist, who Plaintiffs retained to discuss the development of the different COVID-19 vaccines, the role of fetal cells in the vaccines’ development and in other pharmaceutical research, and any ties between fetal cells and five over-the-counter (“OTC”) medication.
Biology Expert Witness
Kyle Christopher McKenna, Ph.D. is a professor of biology at the Franciscan University of Steubenville, with over twenty-five years of research experience in immunology, the study of the immune response.
Discussion by the Court
McKenna intended to address the belief that COVID-19 vaccines were developed in the same fashion as these OTC medications with respect to the utilization of fetal cells. He then intended to discuss the reliance on an employee’s use of these OTC medications to assess whether the employee has a sincerely-held religious belief justifying the refusal to receive a COVID-19 vaccine.
The City, however, maintained that McKenna’s opinions exceeded his area of expertise and extended to theology, as he addresses religious beliefs concerning vaccination and OTC medications.
Analysis
Contrary to the City’s assertion, many of the opinions offered by McKenna did not exceed his knowledge, skill, experience, training, or education, by crossing over into theology. His explanation of how COVID-19 vaccines and OTC medications were developed, and his comparison of their development in connection with fetal cells, will be helpful to the jury in assessing whether Plaintiffs’ claimed religious beliefs precluded them from being vaccinated. However, McKenna goes further in his opinions when he discusses religious philosophy with regard to whether the use of fetal cells in the development of vaccines and OTC medications is sufficiently remote to permit an individual to be vaccinated or use those OTC medications.
McKenna is not trained in religious theory, and he expressly acknowledged that he is not a religious scholar. Aside from being able to share his own beliefs as a Catholic—which are irrelevant to this lawsuit, particularly as no Plaintiff is Catholic— McKenna lacked the qualifications to provide expert testimony on how Plaintiffs’ specific religious beliefs impact their view of the use of fetal cell lines in drug development. Even if McKenna professed to be a religious scholar, he did not interview Plaintiffs to gain an understanding of their specific religious views with respect to the issue. Moreover, he expressly acknowledged that different people have different religious approaches to the problem.
The Court held that McKenna may provide testimony regarding the development of vaccines and OTC medication, particularly the role of fetal cell lines in their development. However, he is precluded from testifying on how, from a religious perspective, that development impacts an individual’s willingness to be vaccinated or use the OTC medications.
Held
The Court granted in part and denied in part the City’s motion to disqualify Dr. Kyle McKenna.
Key Takeaway
The Court’s task in assessing reliability is not to decide whether the expert’s opinion is correct, but whether it rests upon a reliable foundation, as opposed to, say, unsupported speculation. Further, rejection of expert testimony is the exception, rather than the rule.
Case Details:
| Case Caption: | Alexa V. City of Ann Arbor |
| Docket Number: | 2:22cv13073 |
| Court Name: | United States District Court, Michigan Eastern |
| Order Date: | March 18, 2026 |
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