Terry Cummings v. Richard A. Vernon, Director Idaho Department of Corrections State of Idaho

89 F.3d 844 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry CUMMINGS, Plaintiff-Appellant, v. Richard A. VERNON, Director; Idaho Department of Corrections; State of Idaho, Defendants-Appellees. No. 95-35460. United States Court of Appeals, Ninth Circuit. Submitted April 11, 1996. * Decided April 29, 1996. Before: WRIGHT, PREGERSON and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Following his termination from the Idaho Department of Corrections (IDOC), Cummings brought a section 1983 action for violation of due process, and state law claims for breach of contract and breach of the covenant of good faith and fair dealing. He sued the State of Idaho, the IDOC and Vernon, the Director of the IDOC. 3 The district court granted summary judgment for the state and the IDOC based on Eleventh Amendment immunity, and for Vernon on the merits. We conclude that the Eleventh Amendment barred the district court's review of all claims. 4 The Eleventh Amendment prohibits federal court…