Markowitz v. United States

650 F.2d 205 Ruth MARKOWITZ, Individually; and David Lee Markowitz, a minor, by his next friend and mother, Ruth Markowitz, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant, and The State of Arizona, Defendant-Appellee. No. 79-3405. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1981. Decided July 6, 1981. Evan I. Ginsburg, Great Neck, N. Y., for plaintiffs-appellants. John C. Gemmill, Phoenix, Ariz., for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before GOODWIN and SNEED, Circuit Judges, and HALBERT * , District Judge. PER CURIAM: 1 Appellant Ruth Markowitz, individually, and as next friend and mother of David L. Markowitz, a minor, sued the United States and the State of Arizona in federal court to recover money damages for the injury suffered by David as a result of a dive into a body of water in Lake Havasu State Park in Lake Havasu, Arizona. The claim against the United States is based upon the Federal Tort Claims Act and is not at issue here. The district court dismissed the action as against the State of Arizona on the ground that it was barred by the Eleventh Amendment. Rule…