Suever v. Connell

439 F.3d 1142 Agnes SUEVER; Madonna Suever; Steve Tucker; Alexander Vondjidis; Richard W. Seitzinger; Jo-Ann Seitzinger; Johnstone Whitley; Tony Lee; Lynn Keith; Richard V. Valdes, Plaintiffs-Appellants, v. Kathleen CONNELL, Dr., in her individual capacity; Richard Chivaro, in his individual and official capacities; George Deleon, in his individual and official capacities; Steve Westly, in his individual and official capacities, Defendants-Appellees. No. 04-15555. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 9, 2005. Filed March 14, 2006. William W. Palmer, Law Offices of William W. Palmer, Sacramento, CA, for the plaintiffs-appellants. Robin B. Johansen, James C. Harrison & Thomas A. Willis, Remcho, Johansen & Purcell, San Leandro, CA, for the defendants-appellees. Appeal from the United States District Court for the Northern District of California; Richard Seeborg, Magistrate, Presiding. D.C. No. CV-03-00156-RS. Before BETTY B. FLETCHER, MICHAEL DALY HAWKINS, and CARLOS T. BEA, Circuit Judges. BEA, Circuit Judge. 1 We are called upon to decide the extent to which the federal courts are open or closed by the Eleventh Amendment of the…