Genevier

Genevier v. US Citizenship & Immigration Services

Good Law
144 F. App'x 586
United States Court of Appeals for the Ninth CircuitMay 16, 2005No. 04-56244California355 words

Opinion

Lead Opinion

MEMORANDUM **

Pierre Genevier appeals pro se the district court’s judgment, dismissing his action alleging that the Los Angeles County Department of Public and Social Services (“LADPSS”), the California Department of Social Services (“CDSS”), and various individuals, intentionally misrepresented and suppressed facts causing him to lose welfare benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under Fed.R.Civ.P. 12(b)(6), see Milstein v. Cooley, 257 F.3d 1004, 1007 (9th Cir.2001), and we affirm.

The district court properly dismissed Genevier’s claims against CDSS because, as an arm of the state, it is entitled to Eleventh Amendment immunity. See Brooks v. Sulphur Springs Valley Elec. Co-op., 951 F.2d 1050, 1053 (9th Cir. 1991). The claims against CDSS should have been dismissed without prejudice, however. See Freeman v. Oakland Unified School Dist., 179 F.3d 846, 846-47 (9th Cir.1999) (ordering district court to modify its decision so that claims dismissed under Eleventh Amendment were dismissed without prejudice to refiling in court of competent jurisdiction).

*588 The district court properly dismissed Genevier’s…

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