Ninth Circuit Removal to Federal Court Waived 11th Amendment Immunity as to Both State and Federal Claims

A professor sued his employer, a state university, in California superior court alleging federal and state claims.?? California removed the action to federal court but sought dismissal of all claims based on 11th Amendment immunity. ?The Ninth Circuit rejected this argument as to all claims on the ground that once the state availed itself of federal jurisdiction, California waived 11th Amendment immunity entirely.? ?Noting that a defendant? removes? the ?entire? case? to? federal court, not just certain claims, the Court held that the state could not then cherry pick certain claims over which it retains a claim for immunity. Embury v. King, No. 02-15030 (3/16/04; Canby, Kleinfeld, Rawlinson).