For the reasons set forth below, the court finds that plaintiff is barred by the Eleventh Amendment from bringing claims against defendant Governor Brown for monetary damages, and is also barred from bringing claims against defendant CDCR for monetary damages and injunctive relief, under Title I of the ADA, the ADEA and § 1983.
According to the Eleventh Amendment, "[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of Another State, or by Citizens or Subjects of any Foreign State." The Supreme Court has noted: "The [Eleventh] Amendment . . . enacts a sovereign immunity from suit, rather than a nonwaivable limit on the federal judiciary's subject matter jurisdiction." Idaho v. Couer d'Alene Tribe, 521 U.S. 261, 267,***** 2028, 138 L. Ed. 2d 438 (1997). "The Eleventh Amendment prohibits federal courts from hearing suits brought against an unconsenting state. Though its language might suggest otherwise, the Eleventh Amendment has long been construed to extend to suits brought against a state by its own citizens, as well as by citizens of other  states." Brooks v. Sulphur Springs Valley Elec. Coop., 951 F.2d 1050, 1053 (9th Cir. 1991). See also Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 54-55,***** 1114, 134 L. Ed. 2d 252 (1996); Puerto Rico Aqueduct Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 144,***** 684, 121 L. Ed. 2d 605 (1993); Austin v. State Indus. Ins. Sys., 939 F.2d 676, 677 (9th Cir. 1991).
Kirby v. Brown, 2013 U.S. Dist. LEXIS 127068, *17-18, 2013 WL(###) ###-####(E.D. Cal. Sept. 4, 2013)