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Jinks v. Richland County March 5, 2003 (02-258) return to case listing 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   return to case listing