Wright v. Commonwealth

Commonwealth Court of Pennsylvania

Wright v. Commonwealth

371 A.2d 571, 29 Pa. Commw. 457, 1977 Pa. Commw. LEXIS 793

CourtCommonwealth Court of Pennsylvania

DecidedApril 4, 1977

DocketNo. 1062 C.D. 1976

StatusPublished

Cited by1 cases

This text of 371 A.2d 571 (Wright v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wright v. Commonwealth, 371 A.2d 571, 29 Pa. Commw. 457, 1977 Pa. Commw. LEXIS 793 (Pa. Ct. App. 1977).

Pincite

Opinion

Opinion by

Judge Blatt,

The plaintiff has filed an action in trespass within our original jurisdiction naming the Commonwealth of Pennsylvania as defendant. The Commonwealth has filed a preliminary objection to the complaint raising the defense of absolute sovereign immunity.

Article I, Section 11 of the Pennsylvania Constitution provides, inter alia, that “ [s]uits may be brought against the Commonwealth in such, manner, in such courts and in such cases as the Legislature may by law direct.” Const, art. 1, §11. This provision has consistently been held to provide the Commonwealth with absolute sovereign immunity from suit. Brown v. Commonwealth, 453 Pa. 566, 305 A.2d 868 (1973); Biello v. Pennsylvania Liquor Control Board, 454 Pa. 179, 301 A.2d 849 (1973).

The preliminary objection filed by the Commonwealth is, therefore, sustained and the complaint is dismissed.

[459]*459Order

And Now, this 4th day of April, 1977, the Commonwealth’s preliminary objection is sustained and the complaint is dismissed.

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