Luz Al-Rifai v. Willows Unified School District

MEMORANDUM

Plaintiffs appeal the district court’s dismissal with prejudice of their complaint against Willows Unified School District and three district employees. Plaintiffs allege violations of the First and Fourteenth Amendments, with the remedies provided by 42 U.S.C. § 1983 , including: (1) equal protection on the basis of race, religion, and national origin; (2) equal protection on the basis of sex; (3) freedom of speech and religion; and (4) retaliatory treatment based on the exercise of speech. Plaintiffs also allege impermissible sexual harassment in violation of Title IX and four California state law violations: negligence, negligent training and supervision, and intentional and negligent infliction of emotional distress.

Willows Unified School District, a California school district, is a state agency for purposes of Eleventh Amendment immunity. Belanger v. Madera, 963 F.2d 248, 251-53 (9th Cir.1992). Furthermore, the three school administrators sued in their “official capacities” are immune from suit for both federal and state law claims. Id. at 254 ; see also Gilbreath v. Cutter Biological, Inc., 931 F.2d 1320, 1327 (9th Cir.1991). Therefore, we AFFIRM the district…