Raygor v. Regents of Univ. of Minn., 534 U.S. 533, 10 (2002)

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542

RAYGOR v. REGENTS OF UNIV. OF MINN.

Opinion of the Court

ford, we hold that § 1367(a)'s grant of jurisdiction does not extend to claims against nonconsenting state defendants.

Even so, there remains the question whether § 1367(d) tolls the statute of limitations for claims against nonconsenting States that are asserted under § 1367(a) but subsequently dismissed on Eleventh Amendment grounds. Subsection (d) of § 1367 provides that

"[t]he period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period."

On its face, subsection (d) purports to apply to dismissals of "any claim asserted under subsection (a)." Ibid. (emphasis added). Thus, it could be broadly read to apply to any claim technically "asserted" under subsection (a) as long as it was later dismissed, regardless of the reason for dismissal. But reading subsection (d) to apply when state law claims against nonconsenting States are dismissed on Eleventh Amendment grounds raises serious doubts about the constitutionality of the provision given principles of state sovereign immunity. If subsection (d) applied in such circumstances, it would toll the state statute of limitations for 30 days in addition to however long the claim had been pending in federal court. This would require a State to defend against a claim in state court that had never been filed in state court until some indeterminate time after the original limitations period had elapsed.

When the sovereign at issue is the United States, we have recognized that a limitations period may be "a central condition" of the sovereign's waiver of immunity. United States v. Mottaz, 476 U. S. 834, 843 (1986); see also Block v. North Dakota ex rel. Board of Univ. and School Lands, 461 U. S. 273, 287 (1983) ("When waiver legislation contains a statute

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