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Jinks v. Richland County

Docket No.: 02-258
Certiorari Granted: Oct 21 2002
Argued: March 5, 2003
Decided: April 22, 2003

Topics:

28 U.S.C. 1367, Judicial Power, ADEA, Anti-Injunction Act, Article I, Bankruptcy, Bankruptcy Code, ERISA, Eleventh Amendment, First Amendment, Full Faith and Credit, Full Faith and Credit Clause, Necessary and Proper, Supremacy Clause, Tenth Amendment, immunity from suit, preemption, res judicata, sovereign immunity

PartyNames: Susan Jinks v. Richland County, South Carolina, et al.
Petitioner: Susan Jinks
Respondent: Richland County, South Carolina, et al.

Court Below: Supreme Court of South Carolina
Citation: South Carolina Supreme Court, 563 S.E.2d 104. QUESTION PRESENTED The federal supplemental jurisdiction statute includes a provision, 28 U.S.C. ยง1367(d), that tolls the period of limitati ons for supplemental claims while they are pending in federal court and for 30 days after they are dismissed. The question presented is whether the tolling provision invades state sovereignty in violation of the Tenth Amendment and the Necessary and Proper Clause. CERT. GRANTED: 10/21/02
Supreme Court Docket

Susan Jinks
v.
Richland County, South Carolina, et al.
538 U.S. 456 (2003)
Question:

Is 28 USC section 1367(d), which requires state statute of limitations to be tolled for the period during which a plaintiff's cause of action had previously been pending in federal court, constitutional as applied to lawsuits brought against a State's political subdivisions?

Jinks v. Richland County
ORAL ARGUMENT

March 5, 2003

Holding: reversed and remanded
Decision: Decision: 9 votes for Jinks, 0 vote(s) against
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