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DEMSHKI v. MONTEITH

No. 00-15599.

255 F.3d 986 (2001)

David DEMSHKI, Plaintiff-Appellee, v. Richard MONTEITH; Anthony Whitehurst; Steven Sloan; Heidi Arno; Monteith For Senator Committee, Defendants, and California Senate Rules Committee, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2001.

Attorney(s) appearing for the Case

John D. Adkisson, Sue Ann Van Dermyden, Charles W. Nugent III, Bridgett, Marcus, Vlahos & Rudy LLP, Sacramento, California, for the defendant-appellant.

Leonard Esquina, Jr., Law Office of Leonard Esquina, Jr., Sacramento, California, for the plaintiff-appellee.

Before: NOONAN, SILVERMAN, CIRCUIT JUDGES, and SEDWICK, District Judge.

SILVERMAN, Circuit Judge:

The Supreme Court has held that the Eleventh Amendment to the Constitution grants the states immunity from suit, in federal court, by private individuals seeking money damages for violations of the Americans with Disabilities Act. Because the district court should have dismissed this federal lawsuit against the California Senate Rules Committee when the Committee asserted its Eleventh Amendment immunity, we reverse.

I. FACTS AND...

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