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Brait Builders Corporation v. Commonwealth of Massachusetts

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Before Lynch, Chief Judge,

Torruella and Stahl, Circuit Judges.

In this appeal, plaintiff-appellant Brait Builders Corporation (“Brait”) challenges the district court’s dismissal of its claims — brought under 42 U.S.C. § 1983 and Massachusetts state law — against the Commonwealth of Massachusetts, Division of Capital Asset Management (“DCAM”). The district court issued a judgment dismissing the § 1983 claim with prejudice under Federal Rule of Civil Procedure 12(b)(6) on the ground that the interests asserted by Brait were not property interests protected by the Fourteenth Amendment of the United States Constitution. In addition, the court declined to exercise supplemental jurisdiction on the state law claims and dismissed them without prejudice. For the reasons stated below, we vacate the district court’s judgment and remand the case with directions to dismiss for lack of jurisdiction, pursuant to the Eleventh Amendment of the United States Constitution.

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