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31 F. App'x 565

Smith v. Oregon

U.S. Courts of Appeals

Decided March 21, 2002

U.S. Courts of Appeals · decided 2002-03-21

Cited by 1 later decisions (1 by the Supreme Court) — most recently February 2003

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Price v. Akaka · Oregon Short Line Railroad Company v. Department of Revenue Oregon · Chroma Lighting v. GTE Products Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 2002-03-21

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¶1MEMORANDUM

¶2Darrell D. Smith and two other Oregon residents appeal pro se the district court’s order dismissing their 42 U.S.C. § 1983 action on Eleventh Amendment immunity grounds. We review de novo a dismissal under the Eleventh Amendment, Price v. Akaka, 928 F.2d 824, 827 (9th Cir.1990). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

¶3Appellants contend that the State of Oregon did not validly adopt ballot measure 362-363, approved by voters on November 8, 1910, and therefore the measure is not properly part of the Oregon Constitution. The district court properly dismissed this action under the Eleventh Amendment, because the State of Oregon has not consented to suit. See Quillin v. Oregon, 127 F.3d 1136, 1138 (9th Cir.1997) (per curiam); Oregon Short Line R.R. Co. v. Dep’t of Revenue Oregon, 139 F.3d 1259, 1263 (9th Cir.1998) (holding Eleventh Amendment bars suits against state by its own citizens).

¶4AFFIRMED.

¶5 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

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