Kay
Kay v. Likins
Opinion
Lead Opinion
MEMORANDUM *
Plaintiff-Appellant Marguerite M. Kay appeals the district court’s dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of her federal and Arizona state law claims. Because the details of the prior administrative, state court, and federal court proceedings are familiar to the parties, we discuss them here only to the *607 extent necessary to explain our decision to affirm the district court.
The district court properly dismissed Kay’s federal claims under 42 U.S.C. § 1983 against the defendant-appellees in their official capacities because they are not “person[s]” under the meaning of the statute. 1 In Will v. Michigan Dep’t of State Police, the Supreme Court held that “neither a State nor its officials acting in their official capacities are ‘persons’ under § 1983.” 491 U.S. 58, 71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989). The University of Arizona is an “arm” of the State for Eleventh Amendment immunity purposes and, thus, neither the school nor the Arizona Board of Regents, the agency which supervises the University’s functions, may be sued under § 1983. See Rounds v. Oregon State Bd. of Higher Educ., 166 F.3d 1032 , 1035 (9th Cir.1999) (holding that…