Cuevas

Cuevas v. Department of Homeland Security

Good Law
233 F. App'x 642
United States Court of Appeals for the Ninth CircuitMay 14, 2007No. 05-15649California569 words

Opinion

Lead Opinion

MEMORANDUM **

Cuevas appeals from the district court’s judgment dismissing defendants Department of Homeland Security (DHS), and individual employees John A. Schwamm, Michael Freeman, Robert Schroeder, and Donna De La Torres (Federal Officials) for lack of subject matter jurisdiction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The United States is “immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941). “Any waiver of immunity must be unequivocally expressed, and any limitations and conditions upon the waiver must be strictly observed and exceptions thereto are not to be implied.” See Hodge v. Dalton, 107 F.3d 705, 707 (9th Cir.1997) (internal quotation marks and citation omitted).

The doctrine of sovereign immunity extends to agencies of the federal government and federal employees acting within their official capacities. Id. Cuevas sued the Federal Officials as “individuals while acting in their official capacities” in the performance of their jobs as employees of the United States. His complaint alleges that “each of the above-named Defendants acted as the agent for and on behalf…

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