Mello

Mello v. Nevada

Good Law
32 F. App'x 370
United States Court of Appeals for the Ninth CircuitMarch 19, 2002No. 01-15207; D.C. No. CV-99-00562-ECRCalifornia383 words

Opinion

Lead Opinion

MEMORANDUM **

Donald J. Mello appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that defendants violated his civil rights in connection with his resignation from office as the Director of the State of Nevada Administrative Office of the Courts. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Clinton v. Babbitt, 180 F.3d 1081, 1086 (9th Cir.1999). We affirm.

The district court did not err by dismissing the State of Nevada on grounds of Eleventh Amendment immunity. See Eaglesmith v. Ward, 73 F.3d 857, 859 (9th Cir.1995). To the extent Mello sued state employees Crews, Neil and Rohrs in their official capacities, the Eleventh Amendment barred suit against those defendants. See id. To the extent Mello sued Crews, Neil and Rohrs in their individual capacities for reporting accounting irregularities to the state legislature, we agree with the district court that the first amended complaint failed to allege any violations of Mello’s constitutional rights.

The district court did not err by dismissing Mello’s 42 U.S.C. § 1985 claim because the first amended complaint did not name any federal official as a defendant, allege a…

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