Aholelei

MEMORANDUM **

William S. Aholelei appeals the district court’s summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action, in which he alleged that the defendants had violated his Eighth Amendment rights by failing to protect him from harm while he was incarcerated. Aholelei contends that the district court erred in granting summary judgment on sovereign immunity, mootness, and qualified immunity grounds. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, vacate in part, and remand.

The district court did not err in granting summary judgment on Aholelei’s claims for monetary damages against the State and the individual defendants in their official capacities, although we affirm for a reason other than sovereign immunity. See Welch v. Fritz, 909 F.2d 1330, 1331 (9th Cir.1990) (court may affirm on any ground supported by the record). Because “[a] state and its officials acting in their official capacities are not considered ‘persons’ within the meaning of § 1983,” they cannot be held liable under the statute for money damages. Bank of Lake Tahoe v. Bank of Amer., 318 F.3d 914, 918 (9th Cir.2003) (citing Lapides v. Bd. of Regents of Univ.…