LUPO ET AL.

v.

R. ROWLAND & CO. ET AL.

Citator

Cited By (12 total)

• Nui Loa Price v. Moanikeala Akaka, 928 F.2d 824 (9th Cir. 1990)
  …not have been an action against the state. See Will, 109 S.Ct. at 2311 n. [*829] 10. Price, however, has not sought prospective relief in his Complaint. . Mitchell v. Los Angeles Community College Dist., 861 F. 2d 198 (9th Cir.1988), cert. denied, 490 U.S. 1081, 109 S.Ct. 2102, 104 L.Ed.2d 663 (1989), does not support the trustees’ position. Mitchell held that the defendants in that case ”share[d] in [the state's] eleventh amendment immunity because they were sued in their official capacities.” It did not…
• Durning v. Citibank, N.A., 950 F.2d 1419 (9th Cir. 1991)
  …Bd. of Regents, 660 F. 2d 1345, 1349 (9th Cir.1981), aff'd sub nom. Kush v. Rutledge, 460 U.S. 719 [103 S.Ct. 1483, 75 L.Ed.2d 413] ... (1983). [*1424] Mitchell v. Los Angeles Community College Dist., 861 F. 2d 198, 201 (9th Cir.1988), cert. denied, 490 U.S. 1081, 109 S.Ct. 2102, 104 L.Ed.2d 663 (1989). Careful consideration of these five factors demonstrates that the Wyoming Community Development Authority is not an arm of the state of Wyoming. In Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d…
• Elks Nat'l Found. v. Weber, 942 F.2d 1480 (9th Cir. 1991)
  …may be awarded against an unsuccessful plaintiff under section 1988 only if the action is “meritless, in the sense it is groundless or without foundation.” Mitchell v. Los Angeles Community College District, 861 F. 2d 198, 202 (1988), cert. denied, 490 U.S. 1081, 109 S.Ct. 2102, 104 L.Ed.2d 663 (1989). The district court’s decision under this standard is reviewed for abuse of discretion. When the McDonald assignees’ complaint is measured against Robinson I, the only authority they cited here, it is clear th…