United States Ninth Circuit

School districts in California, including county offices of education, are arms of the state, and therefore not "persons" subject to qui tam liability under the False Claims Act, 31 U.S.C. section 3729 (FCA). However, state officials, sued for damages in their individual capacities, are "persons" within the meaning of the FCA, and the Eleventh Amendment does not bar such suits against them. Also, a pro se relator cannot prosecute a qui tam action on behalf of the United States.

Appellate Information

• Argued 05/17/2007
• Decided 09/07/2007
• Published 09/07/2007

Judges

• IKUTA, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN and SANDRA S. IKUTA, Circuit Judges, and LEONARD B. SAND, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John David Stoner, Sunnyvale, CA, for himself., Peter D. Keisler, Assistant Attorney General;  Kevin V. Ryan, United States Attorney;  Douglas N. Letter, Appellate Litigation Counsel, Civil Division, U.S. Department of Justice, Washington, D.C., as amicus curiae, by special leave of court.


• For Appellees:
  
• Mark E. Davis and Marc J. Cardinal, Needham, Davis, Kirwan & Young LLP, San Jose, CA, for the appellees.