Frederick Kaplan v. City of North Las Vegas Thomas H. Stephens

Plaintiff-Appellant Frederick Kaplan was a peace officer employed by the Defendant-Appellee City of North Las Vegas (City). After being injured in a training exercise, Kaplan could not hold a gun or grasp objects with his right hand. When Kaplan’s pain continued after therapy sessions, Kaplan’s slow recovery was attributed to rheumatoid arthritis, a conclusion later determined to be a misdiagnosis. Based on this misdiagnosis, the City believed Kaplan’s injury was permanent. The City fired Kaplan.

Kaplan filed suit under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 , against the City. The complaint alleged that the City discriminated against Kaplan by terminating him from his peace officer position because of a disability, rheumatoid arthritis. The United States District Court for the District of Nevada granted the City’s motion for summary judgment after concluding that Kaplan could not show that he is a “qualified individual with a disability” within the meaning of the ADA. On this appeal we consider (1) whether Kaplan could perform the essential functions of a peace officer position without an accommodation and (2) whether Kaplan was entitled to…