Sargeant v. Schoedel

76 F.3d 388 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wilbur SARGEANT, Sr. and Joanne Sargeant, husband and wife, Plaintiffs-Appellants, v. Elizabeth L. SCHOEDEL, Deputy Prosecuting Attorney for Spokane County, and Spokane County, a political sub-division of the State of Washington, Defendants-Appellees. No. 94-35959. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1995. Decided Jan. 31, 1996. 1 Before: Judges D.W. NELSON, and NOONAN, Circuit Judges, and TANNER, * District Judge 2 ORDER ** 3 The district court's grant of summary judgment in favor of Deputy Prosecuting Attorney Elizabeth L. Schoedel and Spokane County is AFFIRMED. The County is a political subdivision that acts as an "arm of the state" so that the state is the real party in interest, entitling the County to Eleventh Amendment immunity. See Stones v. Los Angeles Community College Dist., 572 F.Supp. 1072, 1076 (C.D.Cal.1983), aff'd 796 F.2d 270 (9th Cir.1986); Belanger v.…