Northern Insurance Company of New York v. Chatham County
Encyclopedia
Northern Insurance Company of New York v. Chatham County, 547 U.S. 189
(2006) was a decision by the Supreme Court of the United States
addressing whether state counties
enjoyed sovereign immunity
from private lawsuits authorized by federal law. The case involved an admiralty
claim by an insurer against Chatham County, Georgia
for its negligent
operation of a drawbridge
. The Court ruled unanimously that the county had no basis for claiming immunity because it was not acting as an "arm of the state."
Except for per curiams, this was the first Supreme Court decision in which Justice Samuel Alito
participated.
owned, operated, and maintained 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, and a section fell and collided with Ludwig's boat, causing damages in excess of $130,000. The Ludwigs submitted a claim for those damages to their insurer, Zurich Insurance, which paid in accordance with the terms of their insurance policy.
in admiralty
against the county in the United States District Court for the Southern District of Georgia
. The District Court granted the County's motion for summary judgment
on the ground that the suit was barred by sovereign immunity
. Though the County conceded that Eleventh Amendment
immunity did not extend to counties, it nonetheless contended that it was immune under "the universal rule of state immunity from suit without the state's consent." The District Court agreed, relying on the Fifth Circuit
case Broward County v. Wickman to conclude that sovereign immunity extends to counties and municipalities that, as here, "exercise power delegated from the State."
that protected political subdivisions such as Chatham County.
The Supreme Court granted certiorari
to consider "whether 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." The U.S. Solicitor General was granted leave to participate in oral argument
, and argued for the county's immunity.
delivered the Court's unanimous opinion, which reversed the decision of the Eleventh Circuit. The Court ruled that the county was not entitled to immunity from Northern's suit because it had failed to demonstrate that it was acting as an "arm of the state" when it operated the bridge.
The Court first observed that states
retained the sovereign immunity they enjoyed prior to ratification of the Constitution except to the extent altered by the Constitution itself or its amendments. Accordingly, the phrase "Eleventh Amendment immunity" was merely a "convenient shorthand," because the amendment itself was not the source of the sovereign immunity of the states. The relevant consequence of this was that only states and "arms of the state" possessed immunity from suits authorized by federal law. The Court had repeatedly refused to extend sovereign immunity to municipalities
(of which counties are a class), even when they exercised delegated state power.
The county argued that Court precedent had recognized a more expansive "residual" immunity than that applied in the Eleventh Amendment context. The Court, however, asserted that it had only used the term "residual" to refer to the state sovereignty that survived the ratification of the Constitution. The only applicable test was whether the county was acting as an arm of the state, and Chatham County had already conceded in the lower court proceedings that it did not qualify. Furthermore, the Court noted that the question on which it granted certiorari
was premised on the conclusion that the county was not an arm of the state.
The Court also rejected the county's alternative argument for a sovereign immunity applicable specifically to in personam
admiralty
suits, which would bar "cases arising from a county's exercise of core state functions with regard to navigable waters." The Court observed that any immunity extended to states in admiralty cases was simply an application of general principles of sovereign immunity, rather than any issues specific to suits in admiralty.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2006) was a decision by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
addressing whether state counties
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
enjoyed sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
from private lawsuits authorized by federal law. The case involved an admiralty
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
claim by an insurer against Chatham County, Georgia
Chatham County, Georgia
Chatham County is a county located in the U.S. state of Georgia. The county seat and largest city is Savannah. In the official US Census of 2010, Chatham County had a total population of 265,128 . Chatham is the most populous Georgia county outside the Atlanta metropolitan area...
for its negligent
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
operation of a drawbridge
Drawbridge
A drawbridge is a type of movable bridge typically associated with the entrance of a castle surrounded by a moat. The term is often used to describe all different types of movable bridges, like bascule bridges and lift bridges.-Castle drawbridges:...
. The Court ruled unanimously that the county had no basis for claiming immunity because it was not acting as an "arm of the state."
Except for per curiams, this was the first Supreme Court decision in which Justice Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
participated.
Background of the case
Chatham County, GeorgiaChatham County, Georgia
Chatham County is a county located in the U.S. state of Georgia. The county seat and largest city is Savannah. In the official US Census of 2010, Chatham County had a total population of 265,128 . Chatham is the most populous Georgia county outside the Atlanta metropolitan area...
owned, operated, and maintained the Causton Bluff Bridge, a drawbridge
Drawbridge
A drawbridge is a type of movable bridge typically associated with the entrance of a castle surrounded by a moat. The term is often used to describe all different types of movable bridges, like bascule bridges and lift bridges.-Castle drawbridges:...
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, and a section fell and collided with Ludwig's boat, causing damages in excess of $130,000. The Ludwigs submitted a claim for those damages to their insurer, Zurich Insurance, which paid in accordance with the terms of their insurance policy.
District Court proceedings
Zurich then sought to recover the costs of the Ludwigs' claim by filing suitLawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
in admiralty
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
against the county in the United States District Court for the Southern District of Georgia
United States District Court for the Southern District of Georgia
The U.S. District Court for the Southern District of Georgia is a United States District Court which serves the residents of thirty-four counties in Georgia through six divisions....
. The District Court granted the County's motion for summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
on the ground that the suit was barred by sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
. Though the County conceded that Eleventh Amendment
Eleventh Amendment to the United States Constitution
The Eleventh Amendment to the United States Constitution, which was passed by the Congress on March 4, 1794, and was ratified on February 7, 1795, deals with each state's sovereign immunity. This amendment was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v...
immunity did not extend to counties, it nonetheless contended that it was immune under "the universal rule of state immunity from suit without the state's consent." The District Court agreed, relying on the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
case Broward County v. Wickman to conclude that sovereign immunity extends to counties and municipalities that, as here, "exercise power delegated from the State."
Court of Appeals decision and petition for certiorari
The Eleventh Circuit, which was bound to follow Wickman as Circuit precedent, affirmed. The court acknowledged that the county could not assert an Eleventh Amendment immunity defense because, under Circuit precedent, the county did not qualify as an arm of the state. However, the court nonetheless concluded that a "residual immunity" had been carved out by American common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
that protected political subdivisions such as Chatham County.
The Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to consider "whether 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." The U.S. Solicitor General was granted leave to participate in oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
, and argued for the county's immunity.
The court's decision
Justice Clarence ThomasClarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
delivered the Court's unanimous opinion, which reversed the decision of the Eleventh Circuit. The Court ruled that the county was not entitled to immunity from Northern's suit because it had failed to demonstrate that it was acting as an "arm of the state" when it operated the bridge.
The Court first observed that states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
retained the sovereign immunity they enjoyed prior to ratification of the Constitution except to the extent altered by the Constitution itself or its amendments. Accordingly, the phrase "Eleventh Amendment immunity" was merely a "convenient shorthand," because the amendment itself was not the source of the sovereign immunity of the states. The relevant consequence of this was that only states and "arms of the state" possessed immunity from suits authorized by federal law. The Court had repeatedly refused to extend sovereign immunity to municipalities
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
(of which counties are a class), even when they exercised delegated state power.
The county argued that Court precedent had recognized a more expansive "residual" immunity than that applied in the Eleventh Amendment context. The Court, however, asserted that it had only used the term "residual" to refer to the state sovereignty that survived the ratification of the Constitution. The only applicable test was whether the county was acting as an arm of the state, and Chatham County had already conceded in the lower court proceedings that it did not qualify. Furthermore, the Court noted that the question on which it granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
was premised on the conclusion that the county was not an arm of the state.
The Court also rejected the county's alternative argument for a sovereign immunity applicable specifically to in personam
In personam
In personam is a Latin phrase meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called...
admiralty
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
suits, which would bar "cases arising from a county's exercise of core state functions with regard to navigable waters." The Court observed that any immunity extended to states in admiralty cases was simply an application of general principles of sovereign immunity, rather than any issues specific to suits in admiralty.
See also
External links
- [ Full text of the Court's decision] (.pdf)