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JINKS v. RICHLAND COUNTY

No. 02-258.

538 U.S. 456 (2003)

JINKS v. RICHLAND COUNTY, SOUTH CAROLINA, ET AL.

Supreme Court of United States.

Decided April 22, 2003.

Attorney(s) appearing for the Case

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.*

SCALIA, J., delivered the opinion for a unanimous court. SOUTER, J., filed a concurring opinion, p. 467.

JUSTICE SCALIA delivered the opinion of the Court.

The Supreme Court of South Carolina dismissed petitioner's lawsuit against Richland County (hereinafter respondent) as time barred. In doing so it held that 28 U. S. C. § 1367(d), which required the state statute of limitations to be tolled for the period during which petitioner's cause of action had previously been pending in federal court, is unconstitutional as applied...

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