Robert J. Austin, D/B/A Austin Roofing v. State Industrial Insurance System Laury M. Lewis, General Manager
Opinion
Opinion
Fletcher, J.
ORDER
The memorandum disposition filed April 11, 1991, 930 F.2d 26 , is hereby withdrawn and the opinion sent to file this date substituted in its place.
Appellant’s petition for rehearing filed April 25, 1991 is denied. The Clerk shall hold the mandate for twenty-one days from the date of this order.
OPINION
Plaintiff Austin, d.b.a. Austin Roofing, appeals the dismissal of his 42 U.S.C. § 1983 action against the Nevada State Industrial Insurance System (“SIIS”) and Laury Lewis, General Manager of SIIS. The district court dismissed Austin’s action on the grounds that SIIS is a state agency immune from suit under the eleventh amendment and that Lewis, sued in his official capacity, shares in that immunity. We affirm.
FACTS
Austin is a Nevada citizen who operated a sole proprietorship licensed by the state of Nevada as a roofing subcontractor. In September 1981, as required by Nev.Rev. Stat. § 616.285, Austin obtained workers’ compensation insurance from the Nevada Industrial Commission, the forerunner of SIIS. In 1987, the Nevada legislature amended the workers’ compensation law to treat sole proprietors and partners of licensed construction subcontractors as employees with…