Jinks v. Richland County
Jinks brought a civil rights action with supplemental state tort claims against Richland County in federal district court. When that case was dismissed, Jinks brought a wrongful death action in state court on behalf of her husband, who died while incarcerated at the Richland County Detention Center. The jury returned a verdict in Jinks' favor. The County appealed, contending that Jinks failed to bring the state court action within the two-year statute of limitations provided by the state Tort Claims Act and, therefore, the claim was barred.Jinks maintained that the statute of limitations was tolled pursuant to 28 U.S.C. § 1367(d) while the original lawsuit was pending in federal court. The South Carolina Supreme Court reversed, holding that § 1367(d) violate the Tenth Amendment and the Necessary and Proper Clause of the U.S. Constitution, and that Jinks’ claim was barred as untimely.
Question Presented:
Whether the tolling provision of the federal supplemental jurisdiction statute, 28 U.S.C. § 1367(d), invades state sovereignty in violation of the U.S. Constitution's Tenth Amendment and its
Necessary and Proper Clause.
