Michael Daugherty v. The Heights

477 F. App'x 407

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 11, 2012
• Docket: 11-3312
• Status: Unpublished

Opinion

PER CURIAM.

Michael Daugherty appeals the district court’s 1 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 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.

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