Browne

MEMORANDUM **

Plaintiffs appeal the orders of the district court dismissing their claims in part and granting summary judgment against them in part. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

The district court properly dismissed all claims against the federal defendants for failure to state a claim upon which relief can be granted. Plaintiffs sued the federal defendants solely in their official capacities. “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” FDIC v. Meyer, 510 U.S. 471, 475 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994).

Plaintiffs allege that federal defendants can be sued in their official capacities under 42 U.S.C. § 1983 for conspiring with state officials to violate constitutional rights. However, plaintiffs did not allege any acts of conspiracy between the federal and state defendants. Therefore, even if the “joint actor” theory is applicable to federal officials—a question that we need not, and do not decide—the pleadings fail to state a claim. Therefore, § 1983 does not constitute a waiver of sovereign immunity.

Plaintiffs also…