OPINION OF THE COURT
NORTHERN INS. CO. OF N. Y. V. CHATHAM COUNTY
547 U. S. ____ (2006)
SUPREME COURT OF THE UNITED STATES
NO. 04-1618
NORTHERN INSURANCE COMPANY OF NEW YORK, PETITIONER
v. CHATHAM COUNTY, GEORGIA
on writ of certiorari to the united states court of
appeals for the eleventh circuit
[April 25, 2006]
Justice Thomas delivered the
opinion of the Court.
Petitioner Northern Insurance
Company of New York (Northern) filed suit against respondent
Chatham County, Georgia (County), in the United States District
Court for the Southern District of Georgia, seeking damages
resulting from an alleged tort committed by employees of the
County. The District Court granted the County’s motion for summary
judgment on the ground that the suit was barred by sovereign
immunity. Relying on Circuit precedent, the Court of Appeals for
the Eleventh Circuit affirmed. We granted certiorari to consider
“[w]hether an entity that does not qualify as an ‘arm of the State’
for Eleventh Amendment purposes can nonetheless assert sovereign
immunity as a defense to an admiralty suit.” 546 U. S. ___
(2005).
I
The County owns, operates, and
maintains the Causton Bluff Bridge, a drawbridge over the
Wilmington River. On October 6, 2002, James Ludwig requested that
the bridge be raised to allow his boat to pass. The bridge
malfunctioned, a portion falling and colliding with Mr. Ludwig’s
boat. As a result of the collision, Mr. Ludwig and his wife
incurred damages in excess of $130,000.
The Ludwigs submitted a claim for
those damages to their insurer, Northern, which paid in accordance
with the terms of their insurance policy. Northern then sought to
recover its costs by filing suit in admiralty against the County in
the District Court. The County sought summary judgment, arguing
that Northern’s claims were barred by sovereign immunity. The
County conceded that Eleventh Amendment immunity did not extend to
counties, but nonetheless contended that it was immune under “the
universal rule of state immunity from suit without the state’s
consent.” Defendant’s Brief in Support of Motion for Summary
Judgment, Case No. CV403–099, App. 33a. The District Court agreed,
relying on
Broward County v.
Wickman, 195
F. 2d 614 (CA5 1952), to conclude that sovereign immunity
extends to counties and municipalities that, as here, “exercis[e]
power delegated from the State.”
Zurich Ins. Co. v.
Chatham County, No. CV403–99, App. 77a.
The Eleventh Circuit, which was bound to
follow
Wickman as Circuit precedent, affirmed.[
Footnote 1] The Court of Appeals
acknowledged that the County did not assert an Eleventh Amendment
immunity defense, which would fail because, under Circuit
precedent, the County did not qualify as an arm of the State.
Zurich Ins. Co. v.
Chatham County, No. 04–13308
(Jan. 28, 2005), App. 83a, n. 1, judgt. order reported at 129
Fed. Appx. 602. The Court of Appeals nonetheless concluded that
“common law has carved out a ‘residual immunity,’ which would
protect a political subdivision such as Chatham County from suit.”
App. 83a. We granted certiorari to review the judgment of the Court
of Appeals. 546 U. S. ___ (2005).
II
This Court’s cases have
recognized that the immunity of States from suit “is a fundamental
aspect of the sovereignty which the States enjoyed before the
ratification of the Constitution, and which they retain today …
except as altered by the plan of the Convention or certain
constitutional Amendments.”
Alden v.
Maine,
527 U. S. 706,
713 (1999); see
Seminole Tribe of Fla. v.
Florida,
517 U. S. 44, 55–56 (1996);
Principality of Monaco v.
Mississippi,
292 U. S. 313, 322–323
(1934). Consistent with this recognition, which no party asks us to
reexamine today, we have observed that the phrase “ ‘Eleventh
Amendment immunity’ … is convenient shorthand but something of a
misnomer, for the sovereign immunity of the States neither derives
from, nor is limited by, the terms of the Eleventh Amendment.”
Alden,
supra, at 713.
A consequence of this Court’s
recognition of preratification sovereignty as the source of
immunity from suit is that only States and arms of the State
possess immunity from suits authorized by federal law. See
Alden,
supra, at 740;
Mt. Healthy City Bd. of
Ed. v.
Doyle,
429 U. S. 274, 280
(1977). Accordingly, this Court has repeatedly refused to extend
sovereign immunity to counties. See
Lake Country Estates,
Inc. v.
Tahoe Regional Planning Agency,
440 U. S. 391, 401
(1979);
id., at 401, n. 19 (gathering cases);
Workman v.
New York City,
179 U. S. 552, 565 (1900);
Lincoln
County v.
Luning,
133 U. S. 529, 530
(1890). See also
Jinks v.
Richland County,
538 U. S. 456,
466 (2003) (“[M]unicipalities, unlike States, do not enjoy a
constitutionally protected immunity from suit”). This is true even
when, as respondent alleges here, “such entities exercise a ‘slice
of state power.’ ”
Lake Country Estates,
supra, at 401.
The County argues that this Court’s cases
recognize a distinct “residual” immunity that permits adoption of a
broader test than we apply in the Eleventh Amendment context to
determine whether an entity is acting as an arm of the State and is
accordingly entitled to immunity.[
Footnote 2] Brief for Respondent 28. But this Court’s use
of that term does not suggest the County’s conclusion; instead,
this Court has referenced only the States’ “residuary and
inviolable sovereignty” that survived the Constitution. See The
Federalist No. 39, p. 245 (C. Rossiter ed. 1961) (J. Madison);
Federal Maritime Comm’n v.
South Carolina Ports
Authority,
535
U. S. 743, 751 (2002).
Because the County may claim immunity neither
based upon its identity as a county nor under an expansive
arm-of-the-State test, the County is subject to suit unless it was
acting as an arm of the State, as delineated by this Court’s
precedents, in operating the drawbridge.
Alden,
supra, at 756;
Lake Country Estates,
supra, at 400–401. The County conceded below that it was
not entitled to Eleventh Amendment immunity, and both the County
and the Court of Appeals appear to have understood this concession
to be based on the County’s failure to qualify as an arm of the
State under our precedent. See App. 83a, n. 1 (recognizing
that the County rightly disclaimed an Eleventh Amendment immunity
defense because such a defense would be inconsistent with the
court’s holding in
Vierling v.
Celebrity Cruises,
Inc., 339 F. 3d 1309 (CA11 2003), that the Broward County
Port Authority was not an arm of the State); Brief of Appellee
Chatham County in No. 04–13308DD (CA11), p. 13 (distinguishing
Vierling in part because it dealt with the question of
Eleventh Amendment immunity); see also Brief for Respondent 8
(implicitly conceding that respondent is not an arm of the State
under our Eleventh Amendment jurisprudence). Moreover, the question
on which we granted certiorari is premised on the conclusion that
the County is not “an ‘arm of the State’ for Eleventh Amendment
purposes,” 546 U. S. ___ (2005), and we presume that to be the
case. Accordingly, the County’s concession and the presumption un-
derlying the question on which we granted review are
dispositive.
As an alternative ground for affirmance, the
County asks the Court to recognize a distinct sovereign immunity
against
in personam admiralty suits that bars cases
arising from a county’s exercise of core state functions with
regard to navigable waters. Recognition of a distinct immunity in
admiralty cases cannot be reconciled with our precedents. Immunity
in admiralty, like other sovereign immunity, is simply an
application of “the fundamental rule” that “the entire judicial
power granted by the Constitution does not embrace authority to
entertain a suit brought by private parties against a State without
consent given.”
Ex parte New York,
256 U. S. 490, 497–500
(1921). Accordingly, this Court has resolved sovereign immunity
questions in admiralty by relying upon principles set out in this
Court’s sovereign immunity cases, rather than by examining the
history or jurisprudence specific to suits in admiralty. See
Federal Maritime Comm’n v.
South Carolina Ports
Authority,
supra, at 754–769 (an admiralty suit
relying heavily on
Alden,
supra (plaintiff raised
a Fair Labor Standards Act of 1938 claim), and
Seminole
Tribe of Fla. v.
Florida,
517 U. S. 44 (1996) (plaintiff alleged
violation of the Indian Gaming Regulatory Act)). Indeed, the Court
applied the general principle that sovereign immunity does not bar
a suit against a city to an admiralty suit as early as
Workman v.
New York City,
179 U. S. 552, which held that such
immunity “afforded no reason for denying redress in a court of
admiralty for the wrong which … [had] been committed” by the city
of New York,
id., at 570.
The County nonetheless contends—and the
Eleventh Circuit, in reliance upon the Fifth Circuit’s analysis in
Wickman, held—that the reach of
Workman is
limited, and that this Court’s decision in
Ex parte New
York,
supra, demonstrates that
Workman does
not govern the instant case. See
Wickman, 195 F. 2d,
at 615. We disagree.
Ex parte New York extended sovereign
immunity beyond cases “in law or equity” to cases in admiralty. As
the County points out,
Ex parte New York concluded that
Workman involved only the substantive law of admiralty,
and not the power of the Court to exercise jurisdiction over a
particular defendant.
Ex parte New York,
supra,
at 498. But
Workman dealt only with the substantive law of
admiralty precisely because the
Workman Court held that
admiralty courts have jurisdiction over municipal corporations. See
179 U. S., at 565 (“[A]s a general rule, municipal corporations,
like individuals, may be sued; in other words … they are amenable
to judicial process for the purpose of compelling performance of
their obligations”). The
Workman Court accordingly
distinguished between the question before it—whether courts of
admiralty may, notwithstanding state law, “redress a wrong
committed by one over whom such courts have adequate jurisdiction,”
id., at 566, such as a municipal corporation—and the
question
not before it, but before the Court in
Ex
parte New York—whether courts of admiralty may “give redress
in a case where jurisdiction over the person or property cannot be
exerted,” 179 U. S., at 566. In the former circumstance, the court
should apply general admiralty principles, while in the latter the
court lacks the power to do so. See
id., at 570;
Ex
parte New York,
supra, at 499–500, 502–503. Because
here, as in
Workman and in contrast to
Ex parte New
York, the defendant was an entity generally within the
jurisdiction of the District Court,
Ex parte New York is
inapposite, and
Workman compels the conclusion that the
County is unprotected by sovereign immunity.
* * *
Because the County has failed to
demonstrate that it was acting as an arm of the State when it
operated the Causton Bluff Bridge, the County is not entitled to
immunity from Northern’s suit. Accordingly, the judgment of the
Court of Appeals is reversed.
It is so ordered.
Footnote 1
See
Bonner v.
Prichard, 661
F. 2d 1206, 1209 (CA11 1981) (en banc) (adopting all decisions
of the former Fifth Circuit announced prior to October 1, 1981, as
binding precedent in the Eleventh Circuit).
Footnote 2
It is unclear whether respondent believes
that residual immunity is a common-law immunity that has been
unaltered by federal substantive law, see Brief for Respondent 18
(“Chatham County’s sovereign immunity derives from the common law
which pre-dates Eleventh Amendment immunity”), or, as the Solicitor
General appears to believe, a constitutionally based immunity that
is distinguishable from the one drawn from the constitutional
structure, see Tr. of Oral Arg. 16 (“What respondent calls residual
sovereign immunity . . . is the doctrine of constitutional
sovereign immunity”). In either case, it appears that the residual
immunity would serve to extend sovereign immunity beyond its
preratification scope.
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