United States Ninth Circuit

Dismissal of a class action alleging that defendants-state officials improperly seized and retained class property under state law is vacated where the Eleventh Amendment did not bar the class from suing to obtain its property back since the complaint alleged that defendants seized and retained class property through ultra vires and unconstitutional acts.

Appellate Information

• Argued 12/09/2005
• Decided 03/14/2006
• Published 03/14/2006

Judges

• BEA, Circuit Judge., Before BETTY B. FLETCHER, MICHAEL DALY HAWKINS, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William W. Palmer, Law Offices of William W. Palmer, Sacramento, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Robin B. Johansen, James C. Harrison & Thomas A. Willis, Remcho, Johansen & Purcell, San Leandro, CA, for the defendants-appellees.