Gray

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 6 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GEOFFREY GRAY, et al., No. 23-3278

Plaintiffs-Appellants, D.C. No. 3:23-cv-05418-DGE

v.

MEMORANDUM*

WASHINGTON DEPARTMENT OF

TRANSPORTATION, et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington David Estudillo, District Judge, Presiding

Argued and Submitted November 19, 2024 Seattle, Washington

Before: McKEOWN, H.A. THOMAS, and DESAI, Circuit Judges.

Geoffrey Gray and 59 other former employees (collectively, “Employees”) of

the Washington State Department of Transportation (“WSDOT”) appeal from the

district court’s order dismissing, without leave to amend, Employees’ federal

constitutional claims against WSDOT and four of its officials. The court based its

decision on WSDOT’s sovereign immunity and the officials’ qualified immunity.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. On appeal, Employees limit their…