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HAYBARGER v. LAWRENCE COUNTY ADULT PROB. & PAROLE

Nos. 07-3720, 07-3733.

551 F.3d 193 (2008)

Debra HAYBARGER, Appellee v. LAWRENCE COUNTY ADULT PROBATION AND PAROLE; County of Lawrence; William Mancino, in his individual and official capacities, Lawrence County Adult Probation and Parole, Appellant.

United States Court of Appeals, Third Circuit.

Filed: December 31, 2008.

Attorney(s) appearing for the Case

Gregory G. Paul, (Argued), Robert Peirce & Associates, Pittsburgh, PA, Attorney for Appellee Debra Haybarger.

A. Taylor Williams, (Argued), Supreme Court of Pennsylvania, Administrative Office of PA Courts, Philadelphia, PA, Attorney for Appellant Lawrence County Adult Probation and Parole.

Edmond R. Joyal, Jr., Law Office of Joseph S. Weimer, Pittsburgh, PA, Attorney for Appellee William Mancino.

Before: FISHER, CHAGARES and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

State governments and their subsidiary units are immune from suit in federal court under the Eleventh Amendment. We have held that Pennsylvania's judicial districts are arms of the state entitled to Eleventh Amendment immunity. Benn v. First Judicial Dist. of Pa., 426 F.3d 233, 240 (3d Cir.2005). This immunity is not absolute, however. Under the Rehabilitation Act, States...

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