Brynjolfsson v. State Agency Los Angeles Unified School District

576 F. App'x 697

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 29, 2014
• Docket: 12-55648
• Status: Unpublished

Opinion

MEMORANDUM **

Holmgeir Brynjolfsson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action against the Los Angeles Unified School District (“LAUSD”) alleging Fourteenth Amendment due process violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of Eleventh Amendment immunity, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and we affirm.

The district court properly dismissed Brynjolfsson’s action against LAUSD on the basis of Eleventh Amendment immunity. See Belanger v. Madera Unified Sch. Dist., 963 F.2d 248, 251-54 (9th Cir.1992) (a school district is a “state agency” for the purposes of the Eleventh Amendment); see also Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984) (Eleventh Amendment immunity applies to states and their agencies or departments “regardless of the nature of the relief sought”).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.