Burgess

MEMORANDUM **

Plaintiffs Cathy Burgess, Elum Burgess, and Shela Burgess (“Plaintiffs”) appeal from district court’s dismissal with prejudice of their pro se civil rights complaint for failure to state a claim upon which relief could be granted. We determine, first, that Plaintiffs have alleged or attempted to allege facts which suggest that they could state claims of disability discrimination in violation of Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132 , and 42 U.S.C. § 1983 , and they accordingly must be given an opportunity to amend their complaint. We also conclude, however, that certain claims against certain defendants are deficient in ways that cannot be cured by amendment, and we therefore affirm the dismissal of those claims.

I.

The district court dismissed Plaintiffs’ complaint without giving them an opportunity to amend and without providing notice of any deficiencies. Under these circumstances, the critical inquiry here is not whether the complaint was deficient, but whether there was any deficiency that could not be remedied by amendment. See Schneider v. Cal. Dep’t of Corr., 151 F.3d 1194 , 1197 (9th Cir.1998). Indeed, in Noll v.…