Legal Opinion

Kay v. Likins

Court of Appeals for the Ninth Circuit

Decided December 22, 2005No. 04-15483PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM *

Plaintiff-Appellant Marguerite M. Kay appeals the district court’s dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of her federal and Arizona state law claims. Because the details of the prior administrative, state court, and federal court proceedings are familiar to the parties, we discuss them here only to the *607extent necessary to explain our decision to affirm the district court.

The district court properly dismissed Kay’s federal claims under 42 U.S.C. § 1983 against the defendant-appellees in their official capacities because they are not “person[s]” under the…

2Cases cited10 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. McKinney v. PateCourt of Appeals for the Eleventh Circuit · 1994
  4. W. Channing Nicholas, M.D. v. Pennsylvania State UniversityCourt of Appeals for the Third Circuit · 2000
  5. Muin Mustafa v. Clark County School District, Edward Goldman, and Daniel HusseyCourt of Appeals for the Ninth Circuit · 1998

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3Cited by1 opinion

  1. Katrin Nicole Henry v. Arizona Board of RegentsDistrict Court, D. Arizona · 2026

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