Fields

MEMORANDUM **

Hope Fields appeals pro se the district court’s summary judgment in her action against the Legislative Counsel of California, alleging disability and race discrimination, violations of 42 U.S.C. § 1983 and various torts. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and after de novo review, Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998), we affirm.

The district court properly dismissed Fields’ disability discrimination claims against defendants in their official capacities because the claims are barred by the Eleventh Amendment. See Bd. of Trs. of the Univ. of Ala. v. Garrett, 531 U.S. 356, 360 , 121 S.Ct. 955 , 148 L.Ed.2d 866 (2001).

The district court properly dismissed Fields’ disability discrimination claims against defendants in their individual capacities because Fields failed to raise material facts to show that she was disabled. See Thornton v. McClatchy Newspapers, Inc., 261 F.3d 789, 797-98 (9th Cir.2001).

The district court properly dismissed Fields’ section 1983 claims against the Legislative Counsel and against individual defendants in their official capacities because the claims are barred by the Eleventh Amendment. See Pennhurst State…