Mario Micomonaco v. State Of Washington

45 F.3d 316 1995 A.M.C. 1815 Mario MICOMONACO and Mary Micomonaco, husband and wife, Plaintiffs-Appellants, v. STATE OF WASHINGTON; Department of Transportation; Marine Division; and M/V Evergreen State Ferry, Defendants-Appellees. No. 93-36084. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1994. Decided Jan. 18, 1995. 1 Nicholas F. Corning, Treece, Richdale, Malone, Corning & Abbott, P.S., Seattle, WA, for plaintiffs/appellants. 2 Christine O. Gregoire, Atty. Gen., and Michael A. Nicefaro, Jr., Asst. Atty. Gen., Office of the Attorney General, Seattle, WA, for defendants/appellees. 3 Appeal from the United States District Court for the Western District of Washington. 4 Before BEEZER and FERNANDEZ, Circuit Judges, and ORRICK, * Senior District Judge. ORRICK, Senior District Judge: 5 Plaintiffs, Mario Micomonaco and his wife Mary Micomonaco ("Micomonacos") brought this suit against the State of Washington ("Washington") after Mario Micomonaco incurred injuries while working on a state-owned ferry. The district court granted Washington's motion to dismiss for lack of jurisdiction based on the Eleventh Amendment to the Constitution of the United…