Embury v. King

361 F.3d 562 Stephen EMBURY, Plaintiff-Appellee, v. Talmadge E. KING, Jr., in his individual and official capacity; Lee Goldman, in his individual and official capacity; J. Michael Bishop, in his individual and official capacity; Regents of the University of California, a public corporation, Defendants-Appellants. No. 02-15030. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 2003. Filed March 16, 2004. As Amended May 17, 2004. Susan T. Kumagai (briefed) and Gary T. Lafayette (argued), Lafayette & Kumagai, LLP, San Francisco, CA, for appellant Regents of the University of California. Fred M. Blum, Bassi, Martini & Blum, LLP, San Francisco, CA, Andrew Thomas Sinclair, Sinclair Law Office, Oakland, CA, for the appellee. Appeal from the United States District Court for the Northern District of California; Claudia Wilken, District Judge, Presiding, D.C. No. CV-01-01448-CW. Before CANBY, JR., KLEINFELD, and RAWLINSON, Circuit Judges. OPINION KLEINFELD, Circuit Judge. 1 We determine here the breadth of a state's waiver of Eleventh Amendment immunity when it removes a case from state to federal court. Procedural History 2 Stephen Embury, a physician,…