Michael Daugherty v. The Heights, et al

Filing

PER CURIAM OPINION FILED - THE COURT: ROGER L. WOLLMAN, MICHAEL J. MELLOY and LAVENSKI R. SMITH (UNPUBLISHED) [3910571] [11-3312]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________
No. 11-3312
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Michael Keith Daugherty,

*
*
Appellant,
*
* Appeal from the United States
v.
* District Court for the
* Eastern District of Missouri.
The Heights; Cassie Dauer; Mary Siler; *
Teresa Proebsting,
* [UNPUBLISHED]
*
Appellees.
*
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Submitted: March 4, 2012
Filed: May 11, 2012
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Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.
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PER CURIAM.
Michael Daugherty appeals the district court’s1 adverse grant of summary
judgment in his action against The Heights and several of its employees. Daugherty
claimed that he was denied access to a public accommodation, namely, The Heights’s
swimming pool, because of his race in violation of Title II of the Civil Rights Act of
1964, 42 U.S.C. § 2000a. Upon careful de novo review, see Cross v. Prairie Meadows
Racetrack & Casino, Inc., 615 F.3d 977, 980-81 (8th Cir. 2010), we conclude that

1

The Honorable Rodney W. Sippel, United States District Judge for the Eastern
District of Missouri.

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Date Filed: 05/11/2012 Entry ID: 3910571

summary judgment was properly granted, see id. at 981 (to survive summary
judgment, plaintiff must substantiate allegations with enough probative evidence to
support finding in her favor); Bloom v. Metro Heart Grp. of St. Louis, Inc., 440 F.3d
1025, 1028 (8th Cir. 2006) (speculation and conjecture are insufficient to defeat
summary judgment). We also reject as meritless Daugherty’s contention that the
district court relied on fabricated evidence.
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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Appellate Case: 11-3312

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Date Filed: 05/11/2012 Entry ID: 3910571