Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit
UNITED STATES COURT OF APPEALS February 12, 2026
Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________
DOCTOR PERRY SPANN,
Plaintiff - Appellant,
v. No. 24-2083
THE NATIONAL CONFERENCE OF BAR EXAMINERS; THE NATIONAL CONFERENCE OF BAR EXAMINERS BOARD OF TRUSTEES AND OFFICERS; SUZANNE K. RICHARDS, ESQ., individually and as a Chair and as an Officer and as a Trustee; HULETT H. ASKEW, ESQ., individually and as an Immediate Past Chair and as an Officer and as a Trustee; TIMOTHY Y. WONG, ESQ., individually and as a Chair-Elect and as an Officer and as a Trustee; JOHN J. MCALARY, ESQ., Individually and as a Secretary and as an Officer and as a Trustee; JUDITH GUNDERSEN, ESQ., individually and as the President/CEO and as an Officer and as a Trustee; SCOTT BALES, ESQ., individually and as an Officer and as a Trustee; ARLENE Y. COLEMAN, ESQ., individually and as an Officer and as a Trustee; SOLOMON OLIVER, JR., ESQ., individually and as an Officer; AUGUSTIN RIVERA, JR., ESQ., individually and as an Officer and as a Trustee; DARIN B. SCHEER, ESQ., individually and as an Officer and as a Trustee; ANTHONY R. SIMON, ESQ., individually and as an Officer and as a Trustee; ANN A. SCOTT TIMMER, ESQ., individually and as an Officer and as a Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 2
Trustee; MARILYN J. WELLINGTON, ESQ., individually and as an Officer and as a Trustee; BRAD GILBERT, ESQ., individually and as General Counsel; THE NEW MEXICO BOARD OF BAR EXAMINERS; SOPHIE MARTIN, ESQ., individually and as a Director of Communications, Education, and Outreach,
Defendants - Appellees. _________________________________
Appeal from the United States District Court for the District of New Mexico (D.C. No. 1:21-CV-00709-MIS-SCY) _________________________________
Submitted on the briefs: *
Laurel Francoeur, Woburn, MA, Lisa S. Cleveland, New York, New York, and Chandler Blair, Albuquerque, New Mexico, for Plaintiff-Appellant.
Robert A. Burgoyne, Perkins Coie LLP, Washington, DC, for National Conference of Bar Examiners, and related individuals, Defendants-Appellees.
Michael Dickman, Santa Fe, New Mexico for New Mexico Board of Bar Examiners, Defendant-Appellee.
_________________________________
Before HARTZ, BACHARACH, and CARSON, Circuit Judges. _________________________________
HARTZ, Circuit Judge. _________________________________
* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. 2 Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 3
After failing the New Mexico bar exam, Plaintiff Dr. Perry Spann sued the
National Conference of Bar Examiners (the National Conference) and the New Mexico
Board of Bar Examiners (the State Board) in the United States District Court for the
District of New Mexico. The district court dismissed all the claims. Plaintiff appeals the
dismissal of her claims against the National Conference for lack of personal jurisdiction,
and the dismissal on the merits of her claims against the State Board. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm the judgment below largely because
Plaintiff failed to preserve her issues in district court or on appeal.
I. BACKGROUND
In February 2020 Plaintiff took the New Mexico bar exam. Because she is
disabled, she was approved for certain testing accommodations. But, contending that she
was not afforded those accommodations during the exam, she brought the present action
and then amended her complaint three times before any defendant appeared in the case.
Her third amended complaint alleged that the defendants’ failure to provide these
accommodations violated Titles II and III of the Americans with Disabilities Act (ADA),
see 42 U.S.C. §§ 12131–12132, 12181–12189, violated § 504 of the Rehabilitation Act,
see 29 U.S.C. § 794, and violated a number of other federal and state laws not at issue on
this appeal. The district court dismissed her claims against the National Conference for
lack of personal jurisdiction. At Plaintiff’s request the district court permitted her to file a
fourth amended complaint but limited it to only a proposed count against the State Board
for violation of Title III of the ADA. Later, the district court granted the State Board’s
3 Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 4
motion to dismiss that ADA claim on the ground of sovereign immunity under the
Eleventh Amendment. 1
II. DISCUSSION
We first address Plaintiff’s challenges to the district court’s dismissal of her claims
against the National Conference and then turn to her challenges to the dismissal of her
claims against the State Board.
A. The National Conference
Plaintiff does not argue that the district court erred in ruling that it lacked personal
jurisdiction over the National Conference based on the evidence before it when it so
ruled. She challenges only the court’s denial of her request to conduct discovery
regarding the National Conference’s contacts with New Mexico after the court had
dismissed the claims against it for lack of personal jurisdiction.
The problem for Plaintiff is that she never properly requested this discovery
below. Plaintiff filed this lawsuit in July 2021. In November 2021 the State Board moved
to dismiss the third amended complaint based in part on qualified immunity and moved to
stay discovery “as to all claims and all defendants” while that motion was pending.
1 Plaintiff’s third amended complaint also named individual members of the National Conference and of the State Board. But those claims are not at issue on appeal. Her appellate briefs do not challenge the district court’s dismissal of the claims against the members of the National Conference for lack of personal jurisdiction. And as for her claims in her third amended complaint against individual members of the State Board, her proposed fourth amended complaint dropped the claims against all but one of the members and she has not challenged on appeal the district court’s ruling denying leave to amend as to the remaining member on the ground that it would be futile. 4 Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 5
Aplt. App. at 24. Plaintiff did not object to the motion to stay. On December 13, 2021,
the National Conference moved to dismiss the claims and submitted declarations showing
that it did not have the contacts with New Mexico necessary to subject it to personal
jurisdiction. Two days later, the magistrate judge granted the stay of discovery. Plaintiff
responded on the merits to the National Conference motion to dismiss, without requesting
an exception to the stay. In August 2022 the magistrate judge recommended dismissing
the claims against the National Conference for lack of personal jurisdiction. In her
objections to the magistrate judge’s recommendation, Plaintiff did not argue that she
should be granted jurisdictional discovery. A month later the district court adopted the
magistrate judge’s recommendation and dismissed the claims against the National
Conference for lack of personal jurisdiction. The dismissal was without prejudice because
the court had not addressed the merits of the claims. See Hollander v. Sandoz Pharms.
Corp., 289 F.3d 1193, 1216 (10th Cir. 2002).
In November 2022, nearly a year after the National Conference first moved to
dismiss for lack of personal jurisdiction, and over a month after that motion had been
granted, Plaintiff tried to re-open the personal-jurisdiction question by reinserting the
National Conference as a defendant in her proposed fourth amended complaint. In her
motion to amend, Plaintiff said that her new attorney had uncovered evidence relevant to
personal jurisdiction, including evidence that would contradict the affidavits on which the
National Conference based its motion to dismiss. She did not explicitly request discovery
in that motion, but instead asserted that her prior counsel had “asked this Honorable
Court to conduct limited discovery on the issue of jurisdiction.” Mot. to File Fourth Am.
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Compl., 2, n.1, Dkt. No. 157. She failed to mention, however, that she had requested
discovery only as to the State Board, and only on the issue of immunity. The first
sentence of her motion for discovery states that it was filed “in response to” the State
Board’s motion to dismiss based in part on qualified immunity. Aplt. App. at 32. As the
magistrate judge observed, “Never in that motion or her reply to that motion does
Plaintiff request discovery related to the [National Conference] or personal jurisdiction.”
Spann v. N.M. Bd. of Bar Exam’rs, No. 21-CV-00709-MIS-SCY, 2023 WL 4132681,
at *7 (D.N.M. June 22, 2023). It was not until December 2022, in her reply to the
National Conference’s opposition to her motion to amend, that Plaintiff explicitly
requested jurisdictional discovery related to the National Conference. And even then
Plaintiff did not state what discovery she sought or how that discovery would enlighten
the issue of personal jurisdiction.
In June 2023 the magistrate judge recommended denying Plaintiff’s motion to
amend insofar as it included claims against the National Conference, noting that she had
already had an opportunity to request jurisdictional discovery and that she provided “no
valid reason to resurrect the already-closed debate about personal jurisdiction and go
back to square one in the litigation of that issue.” Id. Plaintiff objected to the magistrate
judge’s recommendation, arguing that she should have been allowed jurisdictional
discovery before her claims against the National Conference were dismissed. But she did
not state specifically what discovery she sought.
The district court adopted the magistrate judge’s recommendation in September
2023 and denied Plaintiff leave to reinsert the National Conference in an amended
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complaint. In October 2023, a year after the district court dismissed her claims against the
National Conference, and nearly two years after the National Conference first moved to
dismiss the claims for lack of personal jurisdiction, Plaintiff filed a motion for
reconsideration arguing, again, that she should have been entitled to jurisdictional
discovery, and that her prior request for discovery was directed not just at the State Bar
but also at the National Conference. Yet she still did not state what specific discovery she
sought. The court rejected Plaintiff’s motion for reconsideration, concluding that
“Plaintiff is attempting to revisit issues already considered and rejected twice.” Spann v.
N.M. Bd. of Bar Exam’rs, No. 1:21-cv-00709, 2023 WL 7182278, at *2 (D.N.M. Nov. 1,
2023).
On appeal Plaintiff argues that “[t]he burden was on the Defense to prove the
Jurisdictional Discovery was unnecessary” and that the National Conference “failed to
meet that burden.” Aplt. Br. at 13. She is mistaken. The district court properly dismissed
the claims against the National Conference based on the record it had before it at the
time. See United Techs. Corp. v. Mazer, 556 F.3d 1260, 1280–81 (11th Cir. 2009) (where
plaintiff failed to take any formal action to compel discovery, district court did not abuse
its discretion in dismissing complaint without conducting jurisdictional discovery). If
further discovery would have helped Plaintiff, it was her burden to request it.
Nor did the district court abuse its discretion in refusing to reconsider its dismissal
of the National Conference for lack of personal jurisdiction. See Van Skiver v. United
States, 952 F.2d 1241, 1243 (10th Cir. 1991) (district court did not abuse its discretion in
denying motion to reconsider where motion basically revisited same issues already
7 Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 8
addressed and dismissed). Under the law-of-the-case doctrine, once a court has ruled on
an issue, that decision “should continue to govern the same issues in subsequent stages in
the same case.” Arizona v. California, 460 U.S. 605, 618 (1983). “The doctrine is based
on sound public policy that litigation should come to an end and is designed to bring
about a quick resolution of disputes by preventing continued re-argument of issues
already decided.” Harris v. City Cycle Sales, Inc., 112 F.4th 1272, 1278–79 (10th. Cir.
2024) (internal quotation marks omitted).
This doctrine can be mandatory in what is called the “vertical plane”—
“constricting a lower court vis-à-vis a higher court.” Id. at 1279 (internal quotation
mark omitted). A court cannot depart from a ruling from a higher court in the same
case absent a material intervening change in the facts or the controlling law. See Been
v. O.K. Indus., Inc., 495 F.3d 1217, 1225, n.4 (10th Cir. 2007); Bryan A. Garner
et al., The Law of Judicial Precedent 460 (2016); see generally 18 Wright & Miller’s
Federal Practice & Procedure § 4478.3 (3d. ed. 1998).
But the doctrine also operates on a horizontal plane, guiding a court that has
previously decided an issue. To be sure, the rules of procedure explicitly authorize
federal district courts to revise any ruling before final judgment, see Fed. R. Civ.
P. 54(b) (“any order or other decision, however designated, that adjudicates fewer
than all the claims or the rights and liabilities of fewer than all the parties does not
end the action as to any of the claims or parties and may be revised at any time before
the entry of a judgment adjudicating all the claims and all the parties’ rights and
liabilities”), and those courts should not hesitate to correct prejudicial errors, see
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Major v. Benton, 647 F.2d 110, 112 (10th Cir. 1981); Garner, supra, at 447, so long
as they protect against unfairness to the opposing party. See United States v. Uccio,
940 F.2d 753, 758 (2d. Cir. 1991) (“the decision whether or not to apply law-of-the-
case is . . . informed principally by the concern that disregard of an earlier ruling not
be allowed to prejudice the party seeking the benefit of the doctrine”); Rimbert v. Eli
Lilly & Co., 647 F.3d 1247, 1251 (10th Cir. 2011) (the relevant prejudice in this
context is lack of notice and opportunity to be heard); Wright & Miller, supra,
§ 4478.1, at 670–73. But district courts ordinarily need not consider a motion to
revisit unless “(1) substantially different, new evidence has been introduced;
(2) later, contradictory controlling authority exists; or (3) the original order is clearly
erroneous.” Brokers’ Choice of Am., Inc. v. NBC Universal, Inc., 861 F.3d 1081,
1099 (10th Cir. 2017); see Major, 647 F.2d at 112 (“Courts have generally permitted
a modification of the law of the case when substantially different, new evidence has
been introduced, subsequent, contradictory controlling authority exists, or the
original order is clearly erroneous”); Garner, supra, at 480–89.
Here, Plaintiff has not made such a showing with respect to the dismissal for lack
of personal jurisdiction. In particular, she failed to identify any law or facts, much less
new ones, to justify lifting the stay for jurisdictional discovery. The district court hardly
abused its discretion.
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B. The State Board
We now turn to Plaintiff’s claims against the State Board, only two of which are at
issue on appeal. Plaintiff’s third amended complaint asserted claims against the State
Board under § 504 of the Rehabilitation Act and Title III of the ADA.
The State Board moved for summary judgment on the § 504 claim because that
provision applies only to entities that receive federal funding. It submitted a declaration
stating that members of the State Board do not receive a salary, the board is funded
entirely from application fees, it does not receive any federal financial assistance, and it
“does not receive vouchers issued by other agencies on behalf of disabled, handicapped
or other applicants to pay their bar examination fees.” Joint Aplee. Supp. App. at 3.
It contended that the undisputed material facts established that the State Board does not
receive federal funding. The district court agreed and granted summary judgment on the
§ 504 claim.
The State Board then moved to dismiss the Title III claim (as revised in Plaintiff’s
fourth amended complaint), raising two alternative grounds: that as a public entity it was
not subject to Title III, and that it was an arm of the State of New Mexico entitled to
immunity from suit in federal court under the Eleventh Amendment. The district court
dismissed the claim on the second ground.
On appeal Plaintiff argues that the district court should have allowed discovery
before granting summary judgment on the § 504 claim and that the Title III claim should
not have been dismissed on the ground of Eleventh Amendment immunity. We are not
persuaded.
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In response to the State Board’s motion for summary judgment on the § 504 claim,
Plaintiff argued that she needed to conduct discovery to refute the declaration filed by the
State Board and determine whether the Board receives federal funding. Although Plaintiff
did not mention Fed. R. Civ. P. 56(d), the court treated her arguments as a motion for
discovery under that rule.
Under Rule 56(d), to justify additional time to conduct discovery in response to a
motion for summary judgment, “a party must submit an affidavit [or declaration] (1)
identifying the probable facts that are unavailable, (2) stating why these facts cannot be
presented without additional time, (3) identifying past steps to obtain evidence of these
facts, and (4) stating how additional time would allow for rebuttal of the adversary’s
argument for summary judgment.” Hamric v. Wilderness Expeditions, Inc., 6 F.4th 1108,
1119 (10th Cir. 2021) (internal quotation marks omitted). We review for abuse of
discretion the denial of a Rule 56(d) motion. See id. at 1119–1120.
There was no abuse of discretion here. To begin with, Plaintiff did not file an
affidavit or declaration, an omission that itself would be dispositive. Moreover, the
magistrate judge nevertheless reviewed Plaintiff’s pleadings to determine whether her
request for discovery met the substantive requirements of Rule 56(d) and found them
lacking. The magistrate judge noted that Plaintiff had “describe[d] the probable facts not
available: [the State Board]’s fiscal status and whether it or the New Mexico judiciary
receives federal funds.” Spann, 2023 WL 4132681, at *24 (internal quotation marks
omitted). But “she fail[ed] to explain why those facts currently [could not] be
presented[,]. . . describe[d] no steps taken to obtain those facts[, and] . . . fail[ed] to assert
11 Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 12
how additional time [would] enable her to obtain these facts and how the facts would
rebut the motion for summary judgment.” Id.
Plaintiff objected to the magistrate judge’s recommendation. But she still
submitted no affidavit or declaration, nor did she try to explain how she satisfied all the
requirements of Rule 56(d). Rather, she argued that she had been “clear about the fact
that she needed additional discovery,” and she “should not be denied the right to obtain
the necessary discovery because of a technicality, especially when other federal courts
have allowed such discovery in cases with the same issue against the same type of
defendant.” Objs. to Magistrate’s Proposed Findings at 5. The district court overruled
Plaintiff’s objections, adopted the magistrate judge’s recommendation, and granted
summary judgment for the State Board on the § 504 claim.
On appeal Plaintiff speculates about the various mechanisms by which the State
Board may receive federal funds, and she references cases in which discovery has been
allowed on the federal-funding issue. She concludes that the claim “would not have been
dismissed” had any of the referenced mechanisms been confirmed through discovery.
Aplt. Br. at 19. What is missing, of course, is an explanation of how the district court
abused its discretion in finding that she had not met the requirements of Rule 56(d). For
example, she does not set forth what specific discovery she seeks or argue how it could
affect the outcome. If she has not waived the issue by failing to adequately brief it, see
Reedy v. Werholtz, 660 F.3d 1270, 1275 (10th Cir. 2011), at least she has failed to
persuade us that the district court erred.
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As for the Title III claim, Plaintiff contends that the district court erred in ruling
that Eleventh Amendment immunity protected the State Board from suit under Title III of
the ADA. 2 Under the Eleventh Amendment, States and their arms are immune from suit
in federal court unless (1) the State waives its immunity, (2) Congress has overridden
state immunity through congressional authority under § 5 of the Fourteenth Amendment,
or (3) a state official is sued in his or her official capacity for prospective injunctive or
declaratory relief under Ex parte Young, 209 U.S. 123 (1908). See Levy v. Kansas Dept.
of Soc. and Rehab. Servs., 789 F.3d 1164, 1168–69 (10th Cir. 2015). Because, as the
parties agree, the State Board is an arm of the Supreme Court of New Mexico and
therefore an arm of the State, we must consider whether an exception to immunity
applies.
On appeal Plaintiff challenges the district court’s ruling that the first exception
does not apply. 3 The test for “whether a State has waived its immunity from federal-court
2 As with her § 504 claim, Plaintiff argues that she should have been allowed to conduct discovery before the court ruled on Eleventh Amendment immunity. Presentation of the issue on appeal is so inadequate that she has waived her right to have this court address it. See Reedy, 660 F.3d at 1275. Her sole “argument” is to say that this circuit has “recognized that jurisdictional discovery may be appropriate to resolve issues of sovereign immunity,” Aplt. Br. at 22 (capitalization and internal quotation marks omitted), and then cite a case, Breakthrough Management Group, Inc. v. Chukchansi Gold Casino & Resort, 629 F.3d 1173, 1189 (10th Cir. 2010), which affirmed the denial of jurisdictional discovery. 3 Plaintiff’s opening brief on appeal also asserts that the State Board is not entitled to sovereign immunity on a claim for breach of contract. But Plaintiff’s breach-of-contract claim is not at issue on appeal. Although Plaintiff asserted various contract claims in her third amended complaint, the order granting her leave to file a fourth amended complaint permitted only a claim of violation of Title III of the ADA, and she does not challenge that order on appeal. 13 Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 14
jurisdiction is a stringent one.” Sossamon v. Texas, 563 U.S. 277, 284 (2011) (internal
quotation marks omitted). A State’s waiver must be “unequivocally expressed” and
“strictly construed.” Id. at 284–85. Plaintiff has not identified any such waiver. She
argues only that New Mexico waived sovereign immunity in Hicks v. State, 544 P.2d
1153 (N.M. 1975). But Hicks has been superseded by the New Mexico Tort Claims Act,
NMSA 1978, §§ 41-4-1 to -27. See Sanders v. N.M. Corr. Dep’t, 562 P.3d 572, 576
(N.M. 2024). And to waive Eleventh Amendment immunity in federal court, a state
statute or constitutional provision “must specify the State’s intention to subject itself to
suit in federal court.” Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 241 (1985).
Thus, “a general waiver of sovereign immunity, apparently indeterminate in its scope or
locus of effect, [is] insufficient.” Griess v. Colorado, 841 F.2d 1042, 1044 (10th Cir.
1988). Plaintiff has cited to no New Mexico statute or constitutional provision explicitly
waiving its immunity to suit in federal court on a claim like this one. See Springer v.
Seventh Jud. Dist. Ct., No. 24-2174, 2025 WL 3121605 (10th Cir. 2025) (unpublished)
(general waiver provision in New Mexico Civil Rights Act said nothing about suits in
federal court and therefore did not unequivocally express an intent to waive immunity in
federal court).
Plaintiff also says that the second exception to sovereign immunity applies
because Congress intended testing entities to be subject to Title III. True, Congress
unequivocally expressed its intent to abrogate sovereign immunity in the ADA. See
42 U.S.C. § 12202 (“A State shall not be immune under the eleventh amendment to the
Constitution of the United States from an action in Federal or State court of competent 14 Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 15
jurisdiction for a violation of this chapter”). But Congress can abrogate sovereign
immunity only “when it does so pursuant to a valid exercise of its power under § 5 of the
Fourteenth Amendment to enforce the substantive guarantees of that Amendment.”
Tennessee v. Lane, 541 U.S. 509, 518 (2004). This “broad power . . . includes the
authority both to remedy and to deter violations of rights guaranteed by the Fourteenth
Amendment by prohibiting a somewhat broader swath of conduct, including that which is
not itself forbidden by the Amendment’s text.” Id. (internal brackets and quotation marks
omitted). Accordingly, “Congress may enact so-called prophylactic legislation that
proscribes facially constitutional conduct, in order to prevent and deter unconstitutional
conduct.” Id. (internal quotation marks omitted). For example, the Supreme Court has
held that Congress validly abrogated immunity as to Title II of the ADA with respect to
cases “implicating the fundamental right of access to the courts.” Id. at 533–34;
cf. United States v. Georgia, 546 U.S. 151, 159 (2006) (Congress validly abrogated
immunity for Title II claims for damages against States for conduct that violates the
Fourteenth Amendment).
But there are limits. In particular, the § 5 legislation must “exhibit[] a congruence
and proportionality between the injury to be prevented or remedied and the means
adopted to that end.” Lane, 541 U.S. at 520 (internal quotation marks omitted). For
failure to satisfy that test, we have held that Title II (which, roughly speaking, prohibits
discrimination against the disabled with respect to public services, programs, or activities,
see 42 U.S.C. § 12132) did not validly abrogate sovereign immunity for a claim
regarding professional licensing, where the state action did not violate the substantive
15 Appellate Case: 24-2083 Document: 103-1 Date Filed: 02/12/2026 Page: 16
guarantees of the Fourteenth Amendment. See Guttman v. Khalsa, 669 F.3d 1101, 1123–
25 (10th Cir. 2012). As the magistrate judge noted below, this court has yet to consider
whether Congress validly abrogated immunity as to Title III claims. Neither has the
Supreme Court. The magistrate judge recommended following our reasoning in Guttman
and holding that Plaintiff’s Title III claim did not come within Congress’s § 5 authority.
The district court agreed and dismissed the Title III claim on sovereign-immunity
grounds.
We doubt that the district court erred in ruling that Title III did not abrogate
sovereign immunity in this context. But we need not reach this question because
Plaintiff’s brief on appeal does not present any arguments against that specific
holding. See Reedy, 660 F.3d at 1275.
Finally, the third exception to sovereign immunity does not apply because Plaintiff
is challenging only the dismissal of her claims against the State Board, not claims for
prospective relief against a state official acting in his or her official capacity. See Levy,
789 F.3d at 1168–69.
Thus, we hold that Plaintiff has failed to show any error in the district court’s
dismissal of the fourth amended complaint based on Eleventh Amendment immunity.
III. CONCLUSION
We AFFIRM the judgment of the district court and GRANT counsel’s motion to
withdraw.