Erikson

Erikson v. Arizona Supreme Ct.

Good Law
61 F. App'x 447
United States Court of Appeals for the Ninth CircuitApril 16, 2003No. 02-17105; D.C. No. CV-01-01637-SRBCalifornia320 words

Opinion

Lead Opinion

MEMORANDUM **

Rolf Erikson appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the Arizona Court of Appeals and the Arizona Supreme Court violated the Fourteenth Amendment by affirming the dismissal of an earlier state court action and assessing costs and attorney’s fees against him. We have jurisdiction under 28 U.S.C. § 1291 . After de novo review, Franceschi v. Schwartz, 57 F.3d 828, 830 (9th Cir.1995) (per curiam), we affirm.

The district court properly concluded that Erikson’s action against the Arizona Court of Appeals and the Arizona Supreme Court is barred by the Eleventh Amendment. See Greater Los Angeles Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1110 (9th Cir.1987). Erikson’s contention that the Eleventh Amendment does not preclude his action because he is seeking injunctive, not monetary, relief is without merit. See id. at 1110 n. 10 (Eleventh Amendment precludes suits against a state “in law or equity”). Similarly, Erikson’s contention that the Civil Rights Act of 1871 abrogated Eleventh Amendment immunity is without merit. See Spaulding v. Univ. of Washington, 740 F.2d 686, 694 (9th Cir.1984) (“The eleventh…

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