9th Cir.;
15-56402

The court of appeals affirmed a district court judgment. The court held that the passage of Assembly Bill 97 did not deprive California school districts of their status as “arms of the state” subject to Eleventh Amendment immunity from suit.

Michael Sato sued the Orange County Department of Education (OCDE) for terminating him in alleged violation of his contract and his substantive and procedural due process rights. OCDE moved to dismiss, arguing that under Belanger v. Madera Unified School District, 963 F.2d 248 (9th Cir. 1992), it was an arm of the state and thus enjoyed Eleventh Amendment immunity from suit.

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