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AHOLELEI v. DEPARTMENT OF PUBLIC SAFETY

No. 06-15086.

488 F.3d 1144 (2007)

William S. AHOLELEI, Plaintiff-Appellant, v. DEPARTMENT OF PUBLIC SAFETY, State of Hawaii; John F. Peyton; Frank Lopez; Edwin Shimoda; Clayton Frank; Randy Asher; Eric Tanaka; Gary Kaplan; May Andrade; Cinda Sandin; Attorney General of the State Of Hawaii, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2007.

Attorney(s) appearing for the Case

Sean D. Unger, Paul, Hastings, Janofsky & Walker LLP, San Francisco, CA, argued the case for the plaintiff-appellant. Peter Meier, Paul, Hastings, Janofsky & Walker LLP, San Francisco, CA, was also on the brief.

Kimberly Tsumoto Guidry, Deputy Attorney General, Honolulu, HI, argued the case for the defendants-appellees. Mark J. Bennett, Attorney General of Hawaii, and Girard D. Lau, Deputy Attorney General, Honolulu, HI, were also on the brief.

Before: PROCTER HUG, JR. and WILLIAM A. FLETCHER, Circuit Judges, and H. RUSSEL HOLLAND, District Judge.

HOLLAND, Judge.

Before us is the sole issue of whether the State of Hawaii Department of Public Safety and ten State officials who are sued in their official capacities ("the State defendants") have waived sovereign immunity as regards appellant William S. Aholelei's state law claims.1 We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm the district court's grant of summary judgment on sovereign immunity grounds.

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