Summary
finding the defendant was a private club "although the record contain[ed] some evidence that the club may have held two or three events open to the public, the general practice appears to adhere to its members-only policy."
Summary of this case from Coleman v. Dothan Country ClubOpinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4.
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the Eastern District of California, No. CV-93-01151-EJG(JFM); Edward J. Garcia, District Judge, Presiding.
Before: BRUNETTI, HALL, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Arthur Stigall appeals pro se from the district court's 28 U.S.C. § 1915(d) dismissal of his action alleging that the San Juan Unified School District violated his "spiritual, contract, and property rights and privileges" in connection with his application for a full-time teaching position when the District allegedly required him to join the teacher's union and participate in a retirement program in order to qualify for the position.
The district court did not err by dismissing Stigall's action because the School District is immune from suit under the Eleventh Amendment. See Belanger v. Madera Unified School Dist., 963 F.2d 248, 251 (9th Cir.1992).
AFFIRMED.