Pentz v. Pennsylvania

GRIM, District Judge.

Plaintiff, H. Pentz, has brought the present action against the Commonwealth of Pennsylvania, alleging in his complaint that he is a resident of Texas. The question of whether this allegation of residence is equivalent to an allegation of citizenship is discussed below.

Section 2 of Article III of the Federal Constitution provides: “The judicial Power shall extend to all Cases * * * between a State and Citizens of another State * *

The Eleventh Amendment to the Federal Constitution clarifies the meaning of the quoted portion of Article III by granting to the states immunity…