Benjamin Kohn v. State Bar of California

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BENJAMIN KOHN, No. 20-17316

Plaintiff-Appellant, D.C. No. 4:20-cv- 04827-PJH v.

STATE BAR OF CALIFORNIA; OPINION

CALIFORNIA COMMITTEE OF

BAR EXAMINERS, and Their Agents in Their Official Capacity,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding Submitted October 15, 2024 * San Francisco, California

Filed October 21, 2024

Before: Kim McLane Wardlaw, Consuelo M. Callahan, and Jacqueline H. Nguyen, Circuit Judges Opinion by Judge Wardlaw

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). SUMMARY **

Eleventh Amendment Immunity

On remand from the en banc court, the panel vacated the district court’s dismissal of Benjamin Kohn’s claims that the State Bar of California’s refusal to provide him certain test- taking accommodations violated Title II of the Americans with Disabilities Act, and remanded to the district court for further…