Carpenters Pension Fund v. Maryland Department of Health & Mental Hygiene

Reversed and remanded by published opinion. Judge DIAZ wrote the opinion, in which Judge DUNCAN and Senior Judge HAMILTON joined.

DIAZ, Circuit Judge:

We consider whether the jurisdictional shield of the Eleventh Amendment 1 insulates a state from a writ of garnishment under Federal Rule of Civil Procedure 69(a). Carpenters Pension Fund of Baltimore, Maryland, and co-plaintiffs (collectively “the Fund”) filed this garnishment proceeding against the Maryland Department of Health and Mental Hygiene (the “Department”) to collect monies owed to a debtor construction company. The Department moved to…