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KOSLOW v. COMMONWEALTH OF PENNSYLVANIA

No. 01-2782.

302 F.3d 161 (2002)

George KOSLOW, Appellant v. COMMONWEALTH OF PENNSYLVANIA d/b/a Department of Corrections; Donald T. Vaughn; PHICO Services Company; CompServices, Inc.

United States Court of Appeals, Third Circuit.

Filed August 21, 2002.

Attorney(s) appearing for the Case

Jeffrey Campolongo (Argued), Thomas M. Holland, Grace Hall, Philadelphia, PA, for Appellant.

Seth M. Galanter (Argued), Sarah E. Harrington, United States Department of Justice, Appellate Section, Washington, D.C., for Intervenor-Appellant, United States of America.

John G. Knorr, III (Argued), Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, for Appellees, Commonwealth of Pennsylvania d/b/a Department of Corrections; Donald T. Vaughn.

Elizabeth A. Malloy (Argued), Klett, Rooney, Lieber & Schorling, Philadelphia, PA, for Appellee, PHICO Services Company.

Howard R. Flaxman (Argued), Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, for Appellee, CompServices, Inc.

Before: SCIRICA and ROSENN, Circuit Judges, and WARD, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this disability discrimination case under the Rehabilitation Act, the principal issue on appeal is whether the Commonwealth of Pennsylvania waived its sovereign immunity by accepting certain federal funds for the Department of Corrections. We will reverse in part and affirm in part.

I.

In October 1988, George Koslow was hired by the Pennsylvania...

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