Mullin
Mullin v. Las Lomitas Elementary School District
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff Adam Mullin appeals the district court’s final judgment in favor of the defendants. Adam sued the Las Lomitas School District (the “District”), District administrators, and District teachers alleging that they violated 42 U.S.C. § 1988 by retaliating against him for engaging in speech protected by the First Amendment. 1 The district court determined that the District was entitled to Eleventh Amendment immunity, and accordingly granted the District’s motion for summary judgment. A jury rendered a verdict in favor of the remaining defendants. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
We agree with the district court that the District is an arm of the state entitled to Eleventh Amendment immunity. 2 Eleventh Amendment immunity extends to “state agencies and state instrumentalities,” Regents of the Univ. of Calif. v. Doe, 519 U.S. 425, 429 , 117 S.Ct. 900 , 137 L.Ed.2d 55 (1997), but “does not extend to counties and municipal corporations.” Eason, 303 F.3d at 1141. To de *148 termine whether an entity is an arm of the state that enjoys this immunity, we employ the following five-factor Mitchell test: