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Port Authority v. Stangl

Close Date: 11/27/2006
Topic(s): Qualified Immunity and Sovereign Immunity
Status: closed
Date Of Involvement: 09/01/2006
Docket: 06-268

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Whether the Third Circuit should have held that the Port Authority of Allegheny County is an arm of Pennsylvania for Eleventh Amendment purposes because a state statute refers to it as a state agency and Pennsylvania provides approximately 60% of its non-federal funding, even though the Port Authority is a separate corporate body that can sue and be sued and make contracts, its board of directors is appointed locally, it has multiple sources of funding besides the Commonwealth, and it cannot hold Pennsylvania liable for any judgment against it.

Adina Rosenbaum of Public Citizen was co-counsel for the respondent at the cert stage, and the Supreme Court denied cert.