On February 13, 2004 Dr. Samuel Miles, the AME psychiatrist, issued his report and diagnosed Chavez with depression not otherwise specified. The judgment in favor of the City is reversed, as is the November 28 2006 order awarding the City its costs. Chavez and the City are each to bear his and its own costs on appeal. The Ninth Circuit reversed the judgment in an unpublished memorandum of decision (see Chavez v. City of Los Angeles (9th Cir. The City insists Chavez admitted in his deposition the City's decision was the product of disability discrimination, not retaliation for his prior lawsuits.

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