A federal magistrate says a police officer fired from a Washington County force for his religious beliefs deserves back pay but won't get his job back.

Fifty-four-year-old Terryn Risk, of Weirton, W.Va., was fired from his part-time position on the Burgettstown force 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 Mr. Risk deserves about $17,000 in back pay but not reinstatement.

Burgettstown officials say Mr. Risk wasn't available for all shifts and that he and other part-time officers were fired to cut costs.

Mr. Risk had asked not to work from 12:01 a.m. to 8 a.m. Sundays, saying that shift made attending church services difficult.