Can a plaintiff bring a claim for damages under Section 1983 of the 1983 Civil Rights Act?

MultiRegion, United States of America

The following excerpt is from C.W. v. Capistrano Unified Sch. Dist., 784 F.3d 1237 (9th Cir. 2015):

The 1983 claim seeking monetary damages and injunctive relief is likewise frivolous, its outcome predetermined by a review of relevant law. It is well-established that a school district cannot be sued for damages under 1983. Belanger v. Madera Unified Sch. Dist., 963 F.2d 248, 254 (9th Cir.1992) (holding that in California,

[784 F.3d 1248]

school districts are state agencies for purposes of Eleventh Amendment immunity, and concluding that school districts cannot be liable for damages under 1983 ). The district court dismissed this claim with prejudice, except insofar as K.S. sought some sort of injunctive relief against the district. The request for injunctive relief, however, also is frivolous because K.S. failed to indicate what she sought to enjoin or what injunctive relief would be possible in this case. See Hudson v. Moore Bus. Forms, Inc., 836 F.2d 1156, 1163 (9th Cir.1987) ( [F]ailure to justify the basis for the [damages sought] only serve[s] to support the district court's conclusion that the damage claims were frivolous and brought to harass.). Finally, despite the district court's dismissal with prejudice of this claim, K.S. reasserted the 1983 claim in her amended complaint, including a request for damages.7

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