Cooper v. Southeastern Pennsylvania Transportation Authority

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue is whether the Southeastern Pennsylvania Transportation Authority (“SEPTA”) is entitled to sovereign immunity under the Eleventh Amendment. In 1991, we determined SEPTA was not an arm of the state. Bolden v. SEPTA, 953 F.2d 807 (3d Cir.1991) (en banc), cert. denied, 504 U.S. 943, 112 S.Ct. 2281, 119 L.Ed.2d 206 (1992). Now SEPTA contends that subsequent changes in Eleventh Amendment jurisprudence and in SEPTA’S state funding formula demand reconsideration and entitle it to sovereign immunity. The District Court disagreed. We will affirm.

Plainti…