Maleki

Maleki v. Los Angeles Unified School District

Good Law
160 F. App'x 586
United States Court of Appeals for the Ninth CircuitDecember 21, 2005No. 04-55189California1,423 words

Opinion

Lead Opinion

MEMORANDUM **

The appellant, Ken Maleki (“Maleki”), filed this civil suit against the Los Angeles Unified School District (“LAUSD”) and several of its employees in their official and individual capacities. He alleges violations of his constitutional rights under 42 U.S.C. §§ 1983 and 1985, and he asserts a state law claim for malicious prosecution. The district court granted the defendantappellees’ motion for summary judgment. We have jurisdiction to review the district court’s final order under 28 U.S.C. § 1291 , and we affirm.

I.

LAUSD is immune from suit, as are the other defendant-appellees in their official capacity. The Supreme Court has held for more than a century that the Eleventh Amendment precludes a citizen from suing a State — whether his own State or another — unless the State consents to be sued. See Seminole Tribe of Fla. v. Florida, 517 U.S. 44 , 116 S.Ct. 1114 , 134 L.Ed.2d 252 (1996); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (1984); Edelman v. Jordan, 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974); Hans v. Louisiana, 134 U.S. 1 , 10 S.Ct. 504 , 33 L.Ed. 842 (1890). While the appellant argues that the…

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