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Raygor v. Regents of the University of Minnesota

Federal law extending state statutes of limitation following federal court dismissal of claims does not apply as to state law claims originally asserted against nonconsenting state defendants that were dismissed on Eleventh Amendment grounds.

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534 U. S. ____ (2002)

On Writ Of Certiorari To The Supreme Court Of Minnesota

In federal court, petitioners asserted state law claims under the supplemental jurisdiction statute, 28 U. S. C. �1367 (1994 ed.), against respondent university, an arm of the State of Minnesota. Those claims were dismissed on Eleventh Amendment grounds, and petitioners refiled them in state court past the period of limitations. The supplemental jurisdiction statute purports to toll the period of limitations for supplemental claims while they are pending in federal court and for 30 days after they are dismissed. �1367(d). The Minnesota Supreme Court held that provision unconstitutional when applied to claims against non-consenting state defendants, such as respondent university, and dismissed petitioners’ claims. We affirm the judgment on the alternative ground that the tolling provision does not apply to claims filed in federal court against non-consenting States.

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