Lau v. State of Hawaii

56 F.3d 71 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leionaona B. LAU; Francis L. Brown, and the surviving children of William C. Brown (deceased), heirs of Mrs. Valentina K. Brown; James H. Brown, United States, ex rel, Plaintiffs-Appellants, v. STATE OF HAWAI'I, Defendant-Appellee. No. 94-15395. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1995. * Decided May 18, 1995. Before: PREGERSON, KOZINSKI and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiffs sued the state of Hawaii seeking compensatory and punitive damages for an allegedly illegal property tax assessment. Plaintiffs do not name any defendant but the state, and the state has not consented to suit. Plaintiffs' claims are therefore barred by the Eleventh Amendment. Price v. State of Hawaii, 921 F.2d 950, 958 (9th Cir. 1990). 3 Plaintiffs' complaint might also be construed as an attempt to appeal from adverse rulings in state court. Neither the district court nor this court has…