James Miles v. State of California
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
GOULD, Circuit Judge.
[1] The issue presented is whether the district court properly granted costs pursuant to Federal Rule of Civil Procedure 54(d) after an Americans with Disabilities Act (ADA) claim was dismissed without prejudice to assertion of state law claims because the ADA claim was barred under the Eleventh Amendment. 1
I
In 1997, Plaintiff James Miles filed a lawsuit in the Eastern District of California against the State of California (“State”) alleging disability discrimination and retaliation in violation of the ADA, 42 U.S.C. § 12101. On July 24, 1999, the district court…
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