Cipolla v. Arizona Dept. of Economic Sec.

57 F.3d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Judith M. CIPOLLA, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY; David Lowenberg, Acting DES Director; Timothy Schaltz, Assistant Director; Marsha Porter, Program Administrator; Christopher Dixon, District V Program Manager; Rita Schmidt, District V Assistant Program Manager; and Shirley Burton, District V Human Service Supervisor individually and in their official capacities, Defendants-Appellees. No. 93-16599. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1995. * Decided June 9, 1995. 1 Before: BRUNETTI and KOZINSKI, Circuit Judges, and SHADUR, District Judge. ** 2 MEMORANDUM *** 3 1. Cipolla's claims under 42 U.S.C. Sec. 1983 against the DES and all of the individually-named defendants in their official capacities were properly dismissed because neither a state nor any of its officials sued in an official capacity is a "person" suable under section 1983. See Will v.…