Todd Kenneth Horob v. McCONE COUNTY

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision***
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TODD KENNETH HOROB,
Plaintiff - Appellant,
v.
McCONE COUNTY,
Defendant - Appellee.
No. 11-35023
D.C. No. 1:09-cv-00156-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Todd Kenneth Horob appeals pro se from the district court’s summary
judgment in his action alleging federal and state law claims in connection with his
pretrial detention. We have jurisdiction under 28 U.S.C. § 1291. We review de
FILED
JAN 02 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-35023 2
novo. Taylor v. List, 880 F.2d 1040, 1044 (9th Cir. 1989). We affirm.
The district court properly granted summary judgment because Horob failed
to introduce admissible evidence sufficient to establish a genuine dispute of
material fact as to whether he was adversely affected by a lack of wheelchair
access during a court hearing and whether defendant’s actions or omissions caused
him to lose vision in one of his eyes. See id. at 1045 (“A summary judgment
motion cannot be defeated by relying solely on conclusory allegations unsupported
by factual data.”); O’Guinn v. Lovelock Corr. Ctr., 502 F.3d 1056, 1060 (9th Cir.
2007) (setting forth elements of an Americans with Disabilities Act claim,
including the requirement that a plaintiff be a qualified individual with a
disability); Gibson v. County of Washoe, Nev., 290 F.3d 1175, 1185 (9th Cir. 2002)
(explaining the limited bases for municipal liability under 42 U.S.C. § 1983);
Moralli v. Lake County, 839 P.2d 1287, 1291 (Mont. 1992) (state law medical
negligence claim requires expert testimony to establish causation if cause of injury
is not obvious).
Horob’s contentions concerning alleged fraud and the denial of discovery
motions are rejected.
AFFIRMED.

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