Court of Appeals for the Third Circuit November 27, 2002, No. 02-1721 (Askey v. Pennsylvania Department of Public Welfare)

OPINION

AMBRO, Circuit Judge.

The appellants, John and Barbara As-key, filed in the United States Bankruptcy Court for the Western District of Pennsylvania this adversary proceeding against the appellee, the Commonwealth of Pennsylvania Department of Public Welfare (“DPW”). The DPW filed a motion to dismiss, asserting Eleventh Amendment sovereign immunity from the lawsuit.