Opinion
Submitted September 14, 2001 .
The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding.
Before KOZINSKI and GOULD, Circuit Judges, and SCHWARZER, District Judge.
The Honorable William W Schwarzer, United States Senior District Judge for the Northern District of California, sitting by designation.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
The district court did not err in granting summary judgment for defendants on Crumbaker's claim of discrimination on the basis of disability. "[O]ne must have an actual disability" to sue under this provision of the Americans with Disabilities Act, Sutton v. United Air Lines, Inc., 527 U.S. 471, 478, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999), and plaintiff's self-diagnosis, plaintiff lacking adequate qualifications, is insufficient to make a prima facie showing of
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disability. See 42 U.S.C. § 12102(2)(A) (2000).
Nor did the district court err in granting defendants summary judgment on plaintiff's claim that she suffered discrimination because defendants regarded her as disabled. See 42 U.S.C. § 12102(2)(C) (2000). Plaintiff failed to make a prima facie showing that defendants believed she had an "impairment that substantially limits one or more of [her] major life activities." 42 U.S. C.§ 12102(2)(A) (2000). Defendants' knowledge of plaintiff's purported impairment was insufficient to demonstrate that they regarded her as disabled.
AFFIRMED.