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PHILADELPHIA INDEMNITY INSURANCE CO. v. GOFF

United States District Court, D. Massachusetts
May 27, 2010
CIVIL ACTION NO. 10-10224-GAO (D. Mass. May. 27, 2010)

Opinion

CIVIL ACTION NO. 10-10224-GAO.

May 27, 2010


OPINION AND ORDER


The Commonwealth of Massachusetts (the "Commonwealth") has moved to dismiss Philadelphia Indemnity Insurance Company's complaint seeking a declaratory judgment as against it on Eleventh Amendment grounds. The motion stands unopposed. For the following reasons, the Commonwealth's motion (dkt. no. 9) is GRANTED.

Unless an exception applies, the Eleventh Amendment grants States immunity from suits for declaratory judgments. See Porier v. Mass. Dep't of Corr., 558 F.3d 92, 97 (1st Cir. 2009);Maysonet-Robles v. Cabrero, 323 F.3d 43, 49 (1st Cir. 2003). The record reveals no voluntary action by the Commonwealth that could constitute a waiver of its immunity, see New Hampshire v. Ramsey, 366 F.3d 1, 15 (1st Cir. 2004), and the Declaratory Judgment Act does not abrogate its immunity, see Muirhead v. Mecham, 427 F.3d 14, 18 n. 1 (1st Cir. 2005). Neither exception to the Eleventh Amendment therefore applies in this case. See Maysonet-Robles, 323 F.3d at 49.

The complaint as against the Commonwealth is barred by the Eleventh Amendment.

It is SO ORDERED.


Summaries of

PHILADELPHIA INDEMNITY INSURANCE CO. v. GOFF

United States District Court, D. Massachusetts
May 27, 2010
CIVIL ACTION NO. 10-10224-GAO (D. Mass. May. 27, 2010)
Case details for

PHILADELPHIA INDEMNITY INSURANCE CO. v. GOFF

Case Details

Full title:PHILADELPHIA INDEMNITY INSURANCE COMPANY, Plaintiff, v. RAYMOND G. GOFF…

Court:United States District Court, D. Massachusetts

Date published: May 27, 2010

Citations

CIVIL ACTION NO. 10-10224-GAO (D. Mass. May. 27, 2010)

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