Freeman v. Oakland Unified School District

ORDER

Wellborn Freeman appeals from the district court’s grant of summary judgment in his suit against the Oakland Unified School District (the School District). Specifically, Freeman appeals from the district court’s finding that his claim under the California Fair Employment and Housing Act (FEHA) is barred by the Eleventh Amendment to the United States Constitution. Freeman further argues that even if the Eleventh Amendment does bar his FEHA claim, the district court should have dismissed the claim without prejudice to his reasserting it in state court.

The district court held that the…