Aldinger v. Howard

In Aldinger v. Howard, 427 U.S. 1, 96 S.Ct. 2413, 49 L.Ed.2d 276 (1976), the Court treated the Congressional exclusion of municipalities from 1983 and 1343 as precluding federal courts from adjudicating a state law claim against a municipality when the only basis for federal court jurisdiction is that the state claim is "pendent" to a suit against a municipal officer arising under 1343. Although Aldinger contains considerable discussion of "pendent party" jurisdiction and may rest in part on a hostility to the exercise thereof, the Court ultimately based its decision on the affirmative policy against federal court imposition of liability on political subdivisions, which policy the Court found in the Civil Rights Act of 1871. See id. at 15-16 & 17 n.12, 96 S.Ct. 2413.