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KRUSE v. STATE OF HAWAI`I

No. 94-16519.

68 F.3d 331 (1995)

Sue KRUSE and Lance Caspary, on behalf of themselves and their minor son Kanoa, Plaintiffs-Appellants, v. STATE OF HAWAI`I, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 12, 1995.

Attorney(s) appearing for the Case

Carl M. Varady, Honolulu, Hawaii, for plaintiffs-appellants.

Steven S. Michaels, Deputy Attorney General, Honolulu, Hawaii, for defendants-appellees.

Before: PREGERSON, KOZINSKI, and HAWKINS, Circuit Judges.

PREGERSON, Circuit Judge:

Plaintiffs-Appellants, Sue Kruse and Lance Caspary, filed a 42 U.S.C. § 1983 action in state court against the State of Hawai`i and employees of Hawaii's Department of Human Services ("DHS") for allegedly violating their various rights under the U.S. Constitution and state law. The State removed the case to federal court. The district court granted the State's motion for judgment on the pleadings on claims barred by the Eleventh Amendment...

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