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CURLEY v. CITY OF NORTH LAS VEGAS

No. 12-16228.

772 F.3d 629 (2014)

Michael P. CURLEY, Plaintiff-Appellant, v. CITY OF NORTH LAS VEGAS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 2, 2014.

Attorney(s) appearing for the Case

Michael P. Balaban (argued), Law Offices of Michael P. Balaban, Las Vegas, NV, for Plaintiff-Appellant.

Sandra Douglass Morgan (argued) and Jeffrey F. Barr , City Attorneys, North Las Vegas, NV, for Defendant-Appellee.

Before: MARY M. SCHROEDER, JOHN B. OWENS, and MICHELLE T. FRIEDLAND, Circuit Judges.

OPINION

FRIEDLAND, Circuit Judge:

Michael Curley appeals the district court's grant of summary judgment in favor of the City of North Las Vegas on his claims alleging discrimination and retaliation in violation of the Americans with Disabilities Act ("ADA"). First, we consider whether a doctor's finding that Curley did not pose a safety threat belies one of the City's stated reasons for firing him — his long history of threatening coworkers. Second...

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