SUEVER v. CONNELL

No. 04-15555.

439 F.3d 1142 (2006)

Agnes SUEVER; Madonna Suever; Steve Tucker; Alexander Vondjidis; Richard W. Seitzinger; Jo-Ann Seitzinger; Johnstone Whitley; Tony Lee; Lynn Keith; Richard V. Valdes, Plaintiffs-Appellants, v. Kathleen CONNELL, Dr., in her individual capacity; Richard Chivaro, in his individual and official capacities; George Deleon, in his individual and official capacities; Steve Westly, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2006.


Attorney(s) appearing for the Case

William W. Palmer, Law Offices of William W. Palmer, Sacramento, CA, for the plaintiffs-appellants.

Robin B. Johansen, James C. Harrison & Thomas A. Willis, Remcho, Johansen & Purcell, San Leandro, CA, for the defendants-appellees.

Before BETTY B. FLETCHER, MICHAEL DALY HAWKINS, and CARLOS T. BEA, Circuit Judges.


BEA, Circuit Judge.

We are called upon to decide the extent to which the federal courts are open or closed by the Eleventh Amendment of the Constitution to persons who claim a state has improperly taken their property under a state's escheat system. The answer, as in many legal questions: "it depends." It depends on whether the property at issue is an individual's property or a state's property, and whether the relief requested is prospective or retrospective.

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