Pugliese v. Dillenberg

346 F.3d 937 Patricia A. PUGLIESE, Plaintiff-Appellant, United States, Intervenor, v. Jack DILLENBERG, in his individual capacity and official capacity as Director of the Arizona Department of Health Services, husband; Wayne Leblance, in his official capacity as Assistant Chief of the Arizona Department of Health Services Office of Human Rights, husband; Arizona, State of, Defendants-Appellees. No. 01-16544. United States Court of Appeals, Ninth Circuit. Submitted September 11, 2003 * — Pasadena, California. Filed October 7, 2003. Trisha Kirtley, Phoenix, AZ, for the plaintiff-appellant. Lisa Kay Hudson, Office of the Attorney General, Liability Management Section, Phoenix, AZ, for the defendants-appellees. Appeal from the United States District Court for the District of Arizona; Mary H. Murguia, District Judge, Presiding. D.C. No. CV-95-00928-MHM. Before: ANDREW J. KLEINFELD, KIM McLANE WARDLAW, and WILLIAM A. FLETCHER, Circuit Judges. PER CURIAM Opinion; Concurrence by Judge KLEINFELD. OPINION PER CURIAM. 1 The State of Arizona validly waived its sovereign immunity under the Eleventh Amendment to claims brought pursuant to § 504 of the Rehabilitation Act of 1973, 29…