ATLANTA — A federal appeals court has revived a lawsuit filed by a 40-year-old man who says Atlanta police rejected his job application because he has HIV.

A three-judge panel of the 11th U.S. Circuit Court of Appeals on Wednesday ordered a judge who dismissed the lawsuit to take another look at the case.

Atlanta attorneys say the man posed a "direct threat" to the safety of others and that they rejected him after a doctor's recommendation. The man claims the city violated federal law with a blanket policy against hiring officers with HIV.

The panel found the city lulled Roe into believing that he didn't need to prove his HIV was "non-serious." The four-page order sends the case back to a judge.