D'Angelo
D'Angelo v. Crofts
Opinion
Lead Opinion
MEMORANDUM **
The student plaintiffs appeal the grant of summary judgment granted to Defendants. 1 The district court held that the statute of limitations barred all claims by Bryce Floch and Rodney Gibson and that the Eleventh Amendment barred any remaining claims brought by Sarah D’Angelo. We affirm in part and reverse in part.
We conclude that Plaintiffs’ claims are not barred by the Eleventh Amendment to the extent that they are bringing claims against state officials in their individual capacity. The Eleventh Amendment prevents recovery against the State or against state officials in their official capacity for retroactive monetary damages. See Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 101 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (1984). However, state officials may be liable in their individual capacity for individual actions that cause constitutional violations. See id. at 107-09 , 104 S.Ct. 900 ; Jagnandan v. Giles, 538 F.2d 1166, 1173 (5th Cir.1976).
For the reasons stated in our disposition in Young v. Crofts, —Fed.Appx.-, No. 04-36120, 2006 WL 44452 (9th Cir. Jan. 10, 2006), we affirm the district court’s decision that the claims of Bryce Floch and most of the…