Davis v. Southeastern Pennsylvania Transportation Authority

DISSENTING OPINION BY

Judge PELLEGRINI.

The issue in this appeal is whether the Southeastern Pennsylvania Transportation Authority (SEPTA) is an “arm of the state” enjoying Eleventh Amendment immunity from liability under the Federal Employers’ Liability Act (FELA).1 Coming to a different conclusion than does the United States Court of Appeals for the Third Circuit, the majority finds that SEPTA is entitled to Eleventh Amendment immunity. It does so because, like all authorities in Pennsylvania, even those created mainly by local governments for purely local purposes, it is denominated as an…