Raygor v. Regents of University of Minnesota

In Raygor v. Regents of University of Minnesota, 534 U.S. 533, 542, 122 S. Ct. 999, 152 L. Ed. 2d 27 (2002) the U.S. Supreme Court was asked to decide whether 1367(d) tolls the statute of limitations for supplemental state law claims in an action that is dismissed on constitutional grounds. Specifically, the Court addressed "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." Raygor, 534 U.S. at 542. The Court began with the proposition that "on its face, subsection (d) purports to apply to dismissals of 'any claim asserted under subsection (a).'" Id. (quoting 28 U.S.C. 1367(d)). "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." Id. With respect to which dismissals the tolling provision covers, "one could read 1367(d) in isolation to authorize tolling regardless of the reason for dismissal, but 1367(d) occurs in the context of a statute that specifically contemplates only a few grounds for dismissal." Id. at 545. For example, " 1367(c) lists four specific situations in which a district court may decline to exercise supplemental jurisdiction over a particular claim." Id. "Given that particular context, it is unclear if the tolling provision was meant to apply to dismissals for reasons unmentioned by the statute . . . ." Id. The Court, "looking for a clear statement of what the rule includes, not a clear statement of what it excludes," held that 1367(d) does not apply "to dismissals of claims against nonconsenting States dismissed on Eleventh Amendment grounds." Id. at 546. That is, 1367(d) does not toll the statute of limitations for supplemental state law claims if the action is dismissed for lack of subject matter jurisdiction. See id. The Court reasoned that because applying the tolling provision to claims against nonconsenting states dismissed on Eleventh Amendment grounds might "alter the usual constitutional balance between the States and the Federal Government," Congress must make its intent "unmistakably clear in the language of the statute." Raygor, 534 U.S. at 543. The Court's decision did not address whether application of 1367(d) is limited to the circumstances listed in subsection (c). Rather, the Court held that 1367(d) does not extend to state law claims that are dismissed as offensive to the Eleventh Amendment. Thus, neither does our decision address the question whether 1367(d) may apply to other dismissals not mentioned by the statute. We hold only that 1367(d) does not extend to dismissals for lack of subject matter jurisdiction.