Cable

MEMORANDUM *

Dr. William Cable appeals the dismissal of his retaliation action against the California Department of Developmental Services (“DDS”) and several state officials under Title V of the Americans with Disabilities Act (“ADA”). 1 The district court dismissed the action against the state officials on the ground that individuals may not be held liable under the ADA, and against the DDS because Congress had not validly abrogated the agency’s Eleventh Amendment immunity. Cable contends that the district court erred because the DDS waived or, alternatively, Congress validly abrogated its immunity. He also argues that state officials may be sued in their official capacities under the ADA. We reverse and remand.

We review de novo issues regarding Eleventh Amendment immunity. Hill v. Blind Indus. and Servs., 179 F.3d 754, 756 (9th Cir.1999). We similarly review de novo the dismissal of a complaint for failure to state a claim upon which relief may be granted. Whitmire v. Arizona, 298 F.3d 1134,1136 (9th Cir.2002).

It is well settled that a state may waive its Eleventh Amendment immunity. In re Lazar, 237 F.3d 967 , 976 (9th Cir.2001) (“A State’s sovereign immunity is a…