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NEW ORLEANS (AP) — A federal appeals court says a Hispanic Iraq War veteran can revive his lawsuit over a beating by two New Orleans police officers who he says called him a “fake American.”

The 5th U.S. Circuit Court of Appeals ruled in favor of Jorge Gomez on Nov. 18.

Gomez says he wore fatigues and a beret to a New Orleans bar in July 2018.

Gomez says the officers then questioned his service before beating him.

The New Orleans Police Department fired both officers. A federal judge had ruled that Gomez couldn’t sue the city over the officers’ actions.

Appeals court judges say the question needs more examination.