Lojas

MEMORANDUM *

Michael Lojas and Dian Lynn Lojas appeal the dismissal on summary judgment of their § 1983 suit against the State of Washington, the Washington Department of Fish and Wildlife (WDFW), and Terry L. Ray-Smith, a WDFW officer sued in her official and personal capacities. Because the district court correctly granted summary judgment to the various defendants on Eleventh Amendment and qualified immunity grounds, we affirm.

*290 Appellants’ § 1983 claims against the State of Washington and WDFW are absolutely barred by the Eleventh Amendment. See Wolfe v. Strankman, 392 F.3d 358, 364 (9th Cir.2004). The district court also correctly dismissed appellants’ § 1983 claims against Officer Ray-Smith in her official capacity on Eleventh Amendment grounds, since the complaint did not seek prospective injunctive relief for a continuing constitutional violation by Officer Ray-Smith, see Ex Parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908), but instead sought only monetary damages.

The § 1983 claim against Officer Ray-Smith in her personal capacity was properly dismissed by the district court on qualified immunity grounds. Regardless of the ultimate constitutionality…