Reiff v. Philadelphia County Court of Common Pleas

MEMORANDUM

ANITA BRODY, District Judge.

In this motion for summary judgment by the defendant Philadelphia County Court of Common Pleas, I am being called upon to decide whether a Pennsylvania court of common pleas is an “arm of the state” for Eleventh Amendment purposes and therefore entitled to sovereign immunity in the federal courts. I find that it is. Once granted sovereign immunity, the court cannot be sued in federal court without its consent under either ERISA or any state law claims, nor can it be sued at all under 42 U.S.C. § 1983. Eleventh Amendment immunity does not apply to claims…