University of Washington immune in COVID vax suit

The University of Washington is an “arm of the state.” Thus, it has 11th amendment immunity for claims under 42 U.S.C. § 1983 alleging that employees were fired for failure to comply with the Governor’s COVID vaccine mandate. The fired employees claimed violation of their 1st and 14th amendment rights.

The 9th Circuit applied the test articulated in Galette v. New Jersey Transit Corp., 607 U.S. 509 (2026): (1) whether the State intended to create a legally independent entity, which is shown by the entity’s form and treatment under state law; (2) whether the State is formally liable for the entity’s debts or liabilities, including judgments; and (3) the degree of control the State exercises over the entity.

So the University of Washington is an arm of Washington State and thus is not a “person” under § 1983. 

Nilsen v. University of Washington (9th Cir 08/13/2026) [PDF]