GERALD J. WEBER, UNITED STATES DISTRICT JUDGE
On May 14, 1987, plaintiff was involuntarily committed to the psychiatric ward of Forbes Health Systems. Plaintiff claims that he was and is perfectly sane, but was committed on the word of his wife who does in fact suffer from mental illness. Plaintiff alleges that he was not afforded the series of examinations, reviews and hearings required by the Mental Health Procedures Act, (MHPA) 50 Pa. Stat. Ann § 7101 et seq., and so he filed this § 1983 action alleging deprivation of liberty without due process.
Defendant has filed a motion for summary judgment, asserting immunity under the Political Subdivisions Tort Claim Act, 42 Pa. C.S.A. § 8541, and the MHPA, 50 Pa. Stat. Ann § 7114. The first is easily disposed of because this Circuit has expressly held that the Political Subdivisions Tort Claim Act provides no bar to liability on civil rights claims. Wade v. City of Pittsburgh, 765 F.2d 405 (3d Cir. 1985).
Although no court has yet addressed the effect of the MHPA's immunity provisions on civil rights claims, we think that the rationale in Wade compels the same result;
This governmental immunity statute, although effective against a state tort claim, has no force when applied to suits under the Civil Rights Acts. The supremacy clause of the Constitution prevents a state from immunizing entities or individuals alleged to have violated federal law. . . . Were the Rule otherwise, a state legislature would be able to frustrate the objectives of a federal statute.