Court of Appeals for the Ninth Circuit November 6, 2002, No. 01-16310 (Thomas v. Nakatani)

WALLACE, Senior Circuit Judge:

Hawaii appeals from the district court’s denial of its motion to dismiss Thomas’ Americans with Disabilities Act (ADA) claims on sovereign immunity grounds. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1332(a)(3) and (4). We have jurisdiction to determine whether or not we have jurisdiction. Matsuk v. INS, 247 F.3d 999, 1000-01 (9th Cir.