James Miles v. State of California

[1] The issue presented is whether the district court properly granted costs pursuant to Federal Rule of Civil Procedure 54(d) after an Americans with Disabilities Act (ADA) claim was dismissed without prejudice to assertion of state law claims because the ADA claim was barred under the Eleventh Amendment.

I

In 1997, Plaintiff James Miles filed a lawsuit in the Eastern District of California against the State of California (“State”) alleging disability discrimination and retaliation in violation of the ADA, 42 U.S.C. § 12101 . On July 24, 1999, the district court granted the State’s motion for summary judgment and entered a final judgment. Miles appealed.

While Miles’ case was before us on appeal, the Supreme Court held that federal court suits for money damages against a state alleging failure to comply with the ADA were barred by the Eleventh Amendment. Bd. of Trs. v. Garrett, 531 U.S. 356 , 121 S.Ct. 955 , 148 L.Ed.2d 866 (2001). In light of Garrett , we ordered the district court to vacate its earlier judgment and dismiss Miles’ case “for lack of jurisdiction under the Eleventh Amendment, without prejudice to Miles’ right to seek any available relief in state…