Janelle A. Smith v. State of Washington

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Janelle A. SMITH, Plaintiff-Appellant, v. STATE OF WASHINGTON, Defendant-Appellee. No. 93-36140. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 13, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Janelle A. Smith appeals pro se the district court's summary judgment for the State of Washington in Smith's 42 U.S.C. Sec. 1983 action alleging that the state judiciary violated her right to due process by refusing to award her custody over her daughter. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review the district court's grant of summary judgment de novo. Jones v. Union Pac. R.R., 968 F.2d 937, 940 (9th Cir.1992). 4 Under the Eleventh Amendment, a state is immune from suit brought in federal court by her own citizens as well as by citizens of another state. Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100…