Sep 30, 2014 3 min read

The Pennsylvania State System of Higher Education was removed from a lawsuit Monday when a Commonwealth Court panel affirmed a state agency’s ruling the state is immune from such actions.

Former California University of Pennsylvania President Angelo Armenti Jr. and his attorney, former Washington County district attorney Steven Toprani, filled a lawsuit in October 2012 arguing PASSHE and its board of governors violated Armenti’s civil rights when they terminated him June 1, 2012.

Armenti served as the university’s president from 1992 until June 1, 2012, when he was terminated “for cause,” according to the court order.

In addition to his civil rights claims, Armenti argued he had an existing employment contract with PASSHE and its board of governors that specified a fixed term, and PASSHE breached the contract by “terminating him without notice or cause as required by the express terms of the contract,” the Commonwealth Court order said. Armenti was seeking compensatory damages.

The lawsuit was filed with U.S. District Court. In response to the suit, PASSHE filed a motion to dismiss, claiming the federal court lacked the jurisdiction to hear the case. Instead, PASSHE argued the Board of Claims had the exclusive jurisdiction to hear the case.

The Board of Claims is both a judicial and an independent administrative agency that has jurisdiction to hear and determine contract claims against the commonwealth.

After the federal court dismissed the lawsuit, Armenti filed his action with the Board of Claims. The Board of Claims dismissed the suit, stating it was “not at liberty to grant Armenti’s request because the commonwealth has not waived sovereign immunity for suits based on an alleged breach of an employment contract.” Sovereign immunity is a judicial doctrine that precludes bringing suit against the government without its consent.

Armenti appealed the Board of Claims’ decision to Commonwealth Court, which agreed with the board’s initial decision.

Commonwealth Court Judge Bernard McGinley, writing for the court in an order issued Monday, said “this court held that the Board of Claims does not have jurisdiction over claims arising from employment agreements entered into with the commonwealth and affirmed the decision of the Board of Claims (to dismiss Armenti’s claim).”

Toprani said both he and his client were disappointed with the decision.

“We felt we had pretty clear grounds for relief,” Toprani said.

Toprani said he might appeal to the state Supreme Court.

PASSHE officials did not return calls seeking comment.