The panel affirmed the district court’s dismissal, for failure to state a claim, of a 42 U.S.C. § 1983 action brought by former employees (the “Employees”) of the Washington Department of Children, Youth, and Families (“DCYF” or “the agency”), arising from the implementation of a COVID19 vaccination requirement mandated by then-Governor of Washington, Jay Inslee.

​

The Employees allege that DCYF and three individuals who held positions within the agency (the “Officials”) violated their constitutional rights and various provisions of Washington state law through the implementation of the COVID-19 vaccination requirement when their requests for religious accommodations from the vaccine requirement were denied and they were separated from the agency.

​

The panel affirmed the district court’s dismissal of the Employees’ claims against the Officials in their personal capacities because the first amended complaint did not plausibly allege personal involvement by any of the Officials in constitutional violations of the Employees’ free exercise, equal protection, or procedural due process rights.

​

The panel further held that the Employees’ claims for prospective injunctive relief against the Officials in their official capacities are barred by the Eleventh Amendment because the Employees identified no ongoing violation of federal law where Governor Inslee’s COVID-19 vaccination requirement was rescinded months before they filed their original complaint.

​

Lastly, the panel held that the district court acted within its discretion in denying the Employees leave to amend, based on its reasonable conclusion that amendment would have been futile.

​

https://cdn.ca9.uscourts.gov/datastore/opinions/2026/07/21/25-3282.pdf