CLAUDIA ROHR V. CRIME VICTIMS COMP. COMM'N, No. 18-15249 (9th Cir. 2018)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION DEC 3 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT CLAUDIA J. ROHR, No. Plaintiff-Appellant, U.S. COURT OF APPEALS 18-15249 D.C. No. 1:16-cv-00162-LEK-KSC v. MEMORANDUM* CRIME VICTIMS COMPENSATION COMMISSION, of the State of Hawai'i, Defendant-Appellee. Appeal from the United States District Court for the District of Hawaii Leslie E. Kobayashi, District Judge, Presiding Submitted November 27, 2018** Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges. Claudia J. Rohr appeals pro se from the district court’s summary judgment in her Americans with Disabilities Act action brought on behalf of the estate of Scott Leland Andrews, her deceased husband. We have jurisdiction under 28 U.S.C. § 1291. We review de novo cross-motions for summary judgment. Guatay * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011). We reverse and remand. The district court granted summary judgment for defendant on the basis that Rohr lacked standing to bring this action on behalf of her deceased husband’s estate. However, the record shows that prior to Rohr initiating this action, the Hawaii Intermediate Court of Appeals granted Rohr’s motion for substitution as a party in Andrews’ state court case because Rohr made a sufficient showing that she is the legal representative of Andrews’ estate. We reverse the district court’s summary judgment on the basis that Rohr lacked standing to bring this action and remand for further proceedings. In light of our disposition, we do not consider the district court’s denial of Rohr’s motion for reconsideration. On remand, the district court can consider in the first instance whether summary judgment is appropriate on an alternate basis. REVERSED and REMANDED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.