Estate of Keller v. California

MEMORANDUM *

Grant and Elizabeth Keller (“the Kel-lers”) brought federal and state claims against the California Highway Patrol and two of its officers (collectively “State Defendants”), as well as the County of Los Angeles and the Los Angeles Sheriffs Department (collectively “County Defendants”), following the death of their son, Aaron Keller. Aaron’s death resulted from a high-speed chase in which a fleeing suspect’s vehicle collided with the vehicle Aaron was driving. The district court dismissed all claims, and we affirm.

First, it is well established that under the Eleventh Amendment “an unconsenting State is immune from suits brought in federal courts by her own citizens.” Edelman v. Jordan, 415 U.S. 651, 663 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974). It is also clear that a state agency and its officers, when sued in their official capacity, are entitled to immunity from suit. Cortez v. County of Los Angeles, 294 F.3d 1186, 1188 (9th Cir.2002). Because the Kellers brought claims against the California Highway Patrol—a state agency—and its officers, in their official capacity, immunity clearly applies. The Kellers did not name the task force as a defendant, therefore its…