Jinks v. Richland County, 538 U.S. 456, 2 (2003)

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Cite as: 538 U. S. 456 (2003)

Syllabus

(b) Also without merit is respondent's contention that § 1367(d) should not be interpreted to apply to claims brought against a State's political subdivisions. Congress lacks Article I authority to override a State's immunity from suit in its own courts, see Alden v. Maine, 527 U. S. 706, but it may subject a municipality to suit in state court if that is done pursuant to a valid exercise of its enumerated powers, see id., at 756. This is merely the consequence of those cases, which respondent does not ask the Court to overrule, holding that municipalities do not enjoy a constitutionally protected immunity from suit. And any suggestion that an "unmistakably clear" statement is required before an Act of Congress may expose a local government to liability cannot possibly be reconciled with Monell v. New York City Dept. of Social Servs., 436 U. S. 658. Pp. 465-467.

349 S. C. 298, 563 S. E. 2d 104, reversed and remanded.

Scalia, J., delivered the opinion for a unanimous court. Souter, J., filed a concurring opinion, post, p. 467.

Robert S. Peck argued the cause for petitioner. With him on the briefs were James Mixon Griffin and Bradford P. Simpson.

Jeffrey A. Lamken argued the cause for the United States as intervenor. On the briefs were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, Malcolm L. Stewart, Mark B. Stern, and Alisa B. Klein.

Andrew F. Lindemann argued the cause for respondent Richland County. With him on the brief were William H. Davidson II and David L. Morrison.*

*Barbara Arnwine and Thomas J. Henderson filed a brief for the Lawyers' Committee for Civil Rights Under Law as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the State of Alabama et al. by William H. Pryor, Jr., Attorney General of Alabama, Nathan A. Forrester, Solicitor General, Carter G. Phillips, and Gene C. Schaerr, and by the Attorneys General for their respective States as follows: Ken Salazar of Colorado, M. Jane Brady of Delaware, Thurbert E. Baker of Georgia, Mark J. Bennett of Hawaii, Steve Carter of Indiana, Thomas J. Miller of Iowa, Carla J. Stovall of Kansas, Mike Moore of

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