Federal appeals court rejects suit by fired deputy marshal

Thursday, April 3, 2003 | 9:14 a.m.

CARSON CITY -- A federal appeals court has rejected a lawsuit by a former deputy marshal in North Las Vegas who maintained he was wrongfully fired and that he should have been protected by the Americans with Disabilities Act.

The 9th U.S. Circuit Court of Appeals upheld the decision of federal Judge Lawrence Leavitt, who ruled for the city in the dismissal of Deputy Marshal Frederick Kaplan's claim.

Kaplan, hired in 1989, was injured in a training exercise in 1995. He could not hold a gun or grasp objects with his right hand and was assigned other duties.

When the pain continued, he was diagnosed with rheumatoid arthritis. The city fired Kaplan on the grounds he could not perform the duties of a marshal.

But the diagnosis proved to be wrong.

Kaplan in 1996 filed a lawsuit claiming violation of the ADA and saying he was fired because city officials incorrectly thought he was permanently disabled.

The appeals court Wednesday said there was no issue that Kaplan could not perform the essential job functions of a deputy marshal at the time of termination.

The court, in a decision written by Judge Ronald Gould, said: "Kaplan could not perform the essential functions of the deputy marshal position and the city did not have a duty to accommodate him."

The ADA prohibits discrimination against individuals with disabilities who are able to perform essential job functions with or without reasonable accommodations. These accommodations may include making facilities accessible to individuals with disabilities, adjusting work policies or reassignment to a vacant position.

"Because Kaplan is not actually disabled, the city did not have a duty to accommodate him," the court ruled.