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KAPLAN v. CITY OF NORTH LAS VEGAS

No. 02-16048.

323 F.3d 1226 (2003)

Frederick KAPLAN, Plaintiff-Appellant, v. CITY OF NORTH LAS VEGAS; Thomas H. Stephens, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2003.

Attorney(s) appearing for the Case

James C. Gallo, Law Office of Andrew M. Leavitt, Las Vegas, Nevada, for the plaintiff-appellant.

Malani L. Kotchka, Smith & Kotchka, Las Vegas, Nevada, for the defendants-appellees.

Before SILVERMAN, GOULD, Circuit Judges, and WEINER, Senior District Judge.

OPINION

GOULD, Circuit Judge.

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...

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