95 Cal. Daily Op. Serv. 8020, 95 Daily Journal D.A.R. 13,778 Sue Kruse and Lance Caspary, on Behalf of Themselves and Their Minor Son Kanoa v. State of Hawai'i

68 F.3d 331 95 Cal. Daily Op. Serv. 8020 , 95 Daily Journal D.A.R. 13,778 Sue KRUSE and Lance Caspary, on behalf of themselves and their minor son Kanoa, Plaintiffs-Appellants, v. STATE OF HAWAI'I, et al., Defendants-Appellees. No. 94-16519. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 1, 1995. Decided Oct. 12, 1995. Carl M. Varady, Honolulu, Hawaii, for plaintiffs-appellants. Steven S. Michaels, Deputy Attorney General, Honolulu, Hawaii, for defendants-appellees. Appeal from the United States District Court for the District of Hawai'i. Before: PREGERSON, KOZINSKI, and HAWKINS, Circuit Judges. PREGERSON, Circuit Judge: 1 Plaintiffs-Appellants, Sue Kruse and Lance Caspary, filed a 42 U.S.C. Sec. 1983 action in state court against the State of Hawai'i and employees of Hawaii's Department of Human Services ("DHS") for allegedly violating their various rights under the U.S. Constitution and state law. The State removed the case to federal court. The district court granted the State's motion for judgment on the pleadings on claims barred by the Eleventh Amendment and on the supervisory liability claims. The court also granted the State's motion for summary…