Szymborski v. State of Nevada

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 25 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LEE EDWARD SZYMBORSKI, No. 23-2787 D.C. No. 2:22-cv-01164-JAD-VCF Plaintiff - Appellant, v. MEMORANDUM* STATE OF NEVADA; NEVADA DEPARTMENT OF ADMINISTRATION; AARON DARNELL FORD; NEVADA ADMINISTRATIVE OFFICE OF THE COURTS; NEVADA EIGHTH JUDICIAL DISTRICT COURT; NEVADA EIGHTH JUDICIAL DISTRICT COURT ADMINISTRATION; Chief Judge LINDA MARIA BELL; Nevada Supreme Court Chief Justice JAMES W. HARDESTY; Nevada Court of Appeals, Chief Judge MICHAEL P. GIBBONS; COUNTY OF CLARK; Governor STEVE SISOLAK, Defendants - Appellees. Appeal from the United States District Court for the District of Nevada Jennifer A. Dorsey, District Judge, Presiding Submitted April 22, 2025** * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: GRABER, H.A. THOMAS, and JOHNSTONE, Circuit Judges. Lee Edward Szymborski appeals pro se from the district court’s judgment dismissing his action alleging violations of the Americans with Disabilities Act and the Rehabilitation Act. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Lund v. Cowan, 5 F.4th 964, 968 (9th Cir. 2021). We affirm. The district court properly dismissed Szymborski’s action because his claims are barred by judicial immunity. See Duvall v. County of Kitsap, 260 F.3d 1124, 1133 (9th Cir. 2001) (describing factors relevant to whether an act is judicial in nature and subject to absolute judicial immunity); see also Lund, 5 F.4th at 972 (explaining that “there can be no respondeat superior liability where there is no underlying wrong by the employee, which includes situations in which the employee is immune to suit”). AFFIRMED. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2) 2 23-2787