J.C. Eaglesmith v. Jack Ward, Mendocino County Superintendent of Schools

ORDER

The memorandum disposition, filed November 6, 1995, is redesignated as an authored opinion by Judge D.W. Nelson, Circuit Judge.

OPINION

Appellant J.C. Eaglesmith appeals the district court’s dismissal of his action pursuant to 42 U.S.C. § 1988 against Jack Ward, Mendocino County Superintendent of Schools, in which he alleged that Ward discriminated against him on account of his race and religion, and constructively discharged him as coordinator of the county’s Title VII Native American Bilingual Program. Eaglesmith argues on appeal that (1) he sued Ward in his individual capacity, (2) Ward is not a state agent entitled to Eleventh Amendment immunity, and (8) he should be granted leave to amend his complaint to clarify that he is suing Ward in his individual capacity.

The district court held that Eaglesmith brought his § 1983 claim against Ward in his official capacity as school superintendent, that Ward is entitled to Eleventh Amendment immunity, and that Eaglesmith’s request for leave to amend the complaint is time-barred. Because both parties are familiar with the procedural and factual background of this case, we will not repeat it here. We have jurisdiction under 28…