home *** CD-ROM | disk | FTP | other *** search
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- HESS et al. v. PORT AUTHORITY TRANS-HUDSON
- CORPORATION
- certiorari to the united states court of appeals for
- the third circuit
- No. 93-1197. Argued October 3, 1994-Decided November 14, 1994
-
- Petitioners, two railroad workers, were injured in unrelated incidents
- while employed by respondent bistate railway, the Port Authority
- Trans-Hudson Corporation (PATH). PATH is a wholly owned sub-
- sidiary of the Port Authority of New York and New Jersey, an
- entity created when Congress, pursuant to the Constitution's Inter-
- state Compact Clause, consented to a compact between the Author-
- ity's parent States. Petitioners filed separate personal injury actions
- under the Federal Employers' Liability Act (FELA). The District
- Court dismissed the suits under Third Circuit precedent, Port
- Authority Police Benevolent Assn., Inc. v. Port Authority of New York
- and New Jersey, 819 F. 2d 413 (CA3) (Port Authority PBA), which
- declared PATH a state agency entitled to Eleventh Amendment
- immunity from suit in federal court. The Third Circuit consolidated
- the cases and summarily affirmed. That court's assessment of
- PATH's immunity conflicts with the Second Circuit's decision in
- Feeney v. Port Authority Trans-Hudson Corporation, 873 F. 2d 628.
- Held: PATH is not entitled to Eleventh Amendment immunity from
- suit in federal court. Pp. 8-23.
- (a) The Court presumes that an entity created pursuant to the
- Compact Clause does not qualify for Eleventh Amendment immunity
- unless there is good reason to believe that the States structured the
- entity to arm it with the States' own immunity, and that Congress
- concurred in that purpose. Lake County Estates, Inc. v. Tahoe
- Regional Planning Agency, 440 U. S. 391, 401. The Port Authority
- emphasizes that certain indicators of immunity are present in this
- case, particularly, provisions in the interstate compact and its imple-
- menting legislation establishing state control over Authority commis-
- sioners, acts, powers, and responsibilities, and state-court decisions
- typing the Authority as an agency of its parent States. Other
- indicators, however, point away from immunity, particularly the
- States' lack of financial responsibility for the Authority. Pp. 8-16.
- (b) When indicators of immunity point in different directions, the
- Court is guided primarily by the Eleventh Amendment's twin
- reasons for being: the States' dignity and their financial solvency.
- Neither is implicated here. First, there is no genuine threat to the
- dignity of New York or New Jersey in allowing petitioners to pursue
- FELA claims against PATH in federal court. The Port Authority is
- a discrete entity created by compact among three sovereigns, the
- two States and the federal government. Federal courts are not
- alien to such an entity, for they are ordained by one of its founders.
- Nor is it disrespectful to one State to call upon the entity to answer
- complaints in federal court, for the States agreed to the power
- sharing, coordination, and unified action that typify Compact Clause
- creations. Second, most federal Courts of Appeals have identified
- the ``state treasury'' criterion-whether a judgment against the
- entity must be satisfied out of a State's treasury-as the most
- important consideration in determining whether a state-created
- entity qualifies for Eleventh Amendment immunity. The Port
- Authority, however, is financially self-sufficient: it generates its own
- revenues and pays its own debts. Where, as here, the States are
- neither legally nor practically obligated to pay the entity's debts, the
- Eleventh Amendment's core concern is not implicated. Pp. 16-21.
- (c) The conflict between the Second and Third Circuits no longer
- concerns the correct legal theory, for the Third Circuit, as shown in
- two post-Port Authority PBA decisions, now accepts the prevailing
- ``state treasury'' view. A narrow intercircuit split persists only
- because the Circuits differ on whether the Port Authority's debts are
- those of its parent States. In resolving that issue, the Port Authori-
- ty PBA court relied primarily on a compact provision calling for
- modest state contributions, capped at $100,000 annually from each
- State, unless Port Authority revenues were ``adequate to meet all
- expenditures,'' but the court drew from that provision far more than
- its text warrants. Pp. 21-22.
- 8 F. 3d 811, reversed and remanded.
- Ginsburg, J., delivered the opinion of the Court, in which Stevens,
- Kennedy, Souter, and Breyer, JJ., joined. Stevens, J., filed a
- concurring opinion. O'Connor, J., filed a dissenting opinion, in which
- Rehnquist, C. J., and Scalia and Thomas, JJ., joined.
-