Shalaby
Shalaby v. Judicial Officers
Opinion
Lead Opinion
MEMORANDUM **
Andrew W. Shalaby appeals the district court’s dismissal of his action against all of *898 the Judicial Officers of the State of California. We affirm.
Shalaby sued the judicial officers in their official capacity for the purpose of having one of the State of California’s statutes 1 declared unconstitutional. His suit is, in effect, an action against an arm of the state itself. See Simmons v. Sacramento County Superior Court, 318 F.3d 1156, 1161 (9th Cir.2003). However, with certain exceptions, pursuant to the Eleventh Amendment to the United States Constitution “[t]he Judicial power of the United States” does not extend to an action by a citizen against a State. See Pennhurst State Sch. efe Hosp. v. Halderman, 465 U.S. 89, 100 , 104 S.Ct. 900, 908 , 79 L.Ed.2d 67 (1984); Hans v. Louisiana, 134 U.S. 1, 3-4, 9-10, 21 , 10 S.Ct. 504, 505, 509 , 33 L.Ed. 842 (1890). No exception to that prohibition applies here. See Seminole Tribe v. Florida, 517 U.S. 44, 55 , 116 S.Ct. 1114, 1123 , 134 L.Ed.2d 252 (1996) (exception when Congress properly abrogates immunity); Port Auth. Trans-Hudson Corp. v. Feeney, 495 U.S. 299, 304-05 , 110 S.Ct. 1868, 1872 , 109 L.Ed.2d 264 (1990)…