In Re: Rudolph Vegliante, Jr. Debtor Rudolph Vegliante, Jr. v. STATE OF NEW JERSEY, DEPARTMENT OF TREASURY, DIVISION OF TAXATION Appeal from the…

NOT PRECEDENTIAL
IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-3972
In Re:
Rudolph Vegliante, Jr.
Debtor
Rudolph Vegliante, Jr.,
Appellant
v.
STATE OF NEW JERSEY, DEPARTMENT
OF TREASURY, DIVISION OF TAXATION
Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 01-cv-00788)
District Judge: Honorable James M. Munley
Argued June 27, 2002
Before: AMBRO and STAPLETON, Circuit Judges
O’NEILL*, District Judge
(Filed: July 30, 2002 )
* Honorable Thomas N. O’Neill, Senior United States District Court Judge for the
Eastern District of Pennsylvania, sitting by designation.
Brett J. Riegel, Esquire (Argued)
Amori & Riegel
717 Sarah Street
Stroudsburg, PA 18360
Attorney for Appellant
David Samson
Attorney General of New Jersey
Patrick DeAlmeida
Deputy Attorney General of Counsel
Tracey E. Richardson (Argued)
Deputy Attorney General on the Bri
Office of Attorney General of New
Department of Treasury, Division o
25 Market Street, P.O. Box 106
Trenton, NJ 08625
Attorneys for Appellee

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Transcribed by: Geraldine C. Laws, CET
(Proceedings recorded by electronic sound recording;
transcript prepared by AAERT-certified transcriber.)
(The following bench opinion was delivered in open court:)
BENCH OPINION
AMBRO, Circuit Judge
(The following bench opinion was delivered in open court:)
THE HONORABLE JUDGE AMBRO: The Supreme Court stated in
Seminole Tribe of Florida v. Florida, 517 U.S. 44, 72-73 (1996), that "the 11th
Amendment restricts the judicial power under Article III, and Article I cannot be used to
circumvent the constitutional limitations placed upon federal jurisdiction." In In Re:
Sacred Heart Hospital of Norristown, 133 F.3d 237 (3d Cir. 1998), we observed that
"since Seminole Tribe, Section 5 of the 14th Amendment has been the sole basis for
Congress to abrogate the States’ immunity under the 11th Amendment." Id. at 242
(quoting College Savings Bank v. Florida Prepaid Post-Secondary Education Expense
Board, 131 F.3d 353, 358 (3d Cir.1997)). We held in Sacred Heart that the bankruptcy
clause is not a valid source of abrogation power. Sacred Heart, 133 F.3d at 243.
In this case, Vegliante asks us to allow him to pursue an adversary proceeding in
bankruptcy against the State of New Jersey. The adversary proceeding at issue is plainly
a suit within the meaning of the 11th Amendment. Missouri v. Fiske, 290 U.S. 18, 26
(1993) (quoting Cullens v. Virginia, 19 U.S. 264 (1821)). The State of New Jersey
received a summons requiring it to appear in court or face a default judgment against it.
That qualifies as a suit. See id.
Vegliante seeks to prosecute a suit against the State of New Jersey without its
consent. We cannot oblige that request in light of Sacred Heart’s ruling on state
sovereign immunity. Therefore, the District Court’s order is affirmed.
TO THE CLERK:
Please file the foregoing Bench Opinion.
By the Court,
/s/ Thomas L. Ambro
Circuit Judg

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