Jinks v. Richland County
March 5, 2003 (02-258)
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Case Summary
Petitioner brought a wrongful death suit alleging both state and federal claims in district court after her husband died while in Respondent's custody. The federal district court granted summary judgment for Respondent on the federal claims and dismissed the state claims without prejudice. Pursuant to the federal supplemental jurisdiction statute, 28 U.S.C. 1367(d), the statute of limitations for the state claims was tolled during the pendency of the federal action, allowing Petitioner to bring suit in state court even though the limitations period had passed. The South Carolina Supreme Court found that by exposing political subdivisions to litigation and liability after the limitations period established by the state, the federal supplemental jurisdiction statute interfered with state sovereign immunity in violation of the Tenth Amendment and the Necessary and Proper Clause. The opinion of the South Carolina Supreme Court is found at 563 S.E.2d 104.

To see the opinion of the lower court, click here.


PREDICTED OUTCOME ACTUAL
OUTCOME
Forecasting
Model
Expert
One
Expert
Two
Expert
Three
5-4 to Affirm 5-4 to Reverse 6-3 to Reverse n/a 9-0 to Reverse
VOTING TO REVERSE
Stevens
Souter
Ginsburg
Breyer
Rehnquist
Stevens
Souter
Ginsburg
Breyer
Stevens
O'Connor
Kennedy
Souter
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
VOTING TO AFFIRM
Rehnquist
O'Connor
Scalia
Kennedy
Thomas
O'Connor
Scalia
Kennedy
Thomas
Rehnquist
Scalia
Thomas
 

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