Valley Line Co. v. The M/V City of Greenville
Valley Line Co. v. The M/V City of Greenville
Opinion of the Court
ORDER AND MEMORANDUM
IT IS HEREBY ORDERED that the motion of third-party defendant Missouri Highway and Transportation Commission (mistakenly designated by third-party plaintiffs as “State of Missouri Department of Highways and Transportation”) for summary judgment
The eleventh amendment immunizes a state from suits brought in federal court by citizens of other states or a foreign state unless the state defendant has specifically waived immunity from suit in federal court. Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974); Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890). The eleventh amendment immunity extends to suits which, if successful, would impose a monetary liability on the state defendant that would have to be paid from the public treasury. Great Northern Life Insurance v. Read, 322 U.S. 47, 64 S.Ct. 873, 88 L.Ed. 1121 (1944). Suits against departments or agencies of the state are barred by the eleventh amendment even though the state is not expressly named as a party. Mount Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 280, 97 S.Ct. 568, 572, 50 L.Ed.2d 471 (1977); Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 65 S.Ct. 347, 89 L.Ed. 389 (1945). The eleventh amendment applies to suits in admiralty. Ex parte State of New York, 256 U.S. 490, 497-98, 41 S.Ct. 588, 589-90, 65 L.Ed. 1057 (1921); Ex parte Madrazzo, 32 U.S. 627, 632, 7 Pet. 627, 632, 8 L.Ed. 808 (1833).
Applying these principles to the case at bar, it is clear that third-party plaintiffs’ third-party complaint is barred by the eleventh amendment. Third-party plaintiffs do not contend that they are citizens of Missouri and their complaint alleges that they are citizens of Tennessee. Third-party defendant is a subordinate branch of the executive department of the government of the State of Missouri. The third-party complaint seeks damages which, if third-party plaintiffs are successful, will have to be paid out of the public treasury of the State of Missouri. Accordingly, the third-party complaint appears to fall within the prohibitions of the eleventh amendment.
Third-party plaintiffs, however, argue that Missouri waived its eleventh amendment immunity in two (2) respects. First, third-party plaintiffs contend that Missouri waived its eleventh amendment immunity by constructing, operating and maintaining a bridge over navigable waters. Third-party plaintiffs rely primarily upon the decision in Chesapeake Bay Bridge and Tunnel District v. Jauritzen, 404 F.2d 1001 (4th Cir. 1968). However, the Fourth Circuit recently overruled Chesapeake Bay in Faust v. South Carolina State Highway Department, 721 F.2d 934, 940, 941 (4th Cir. 1983). In Faust the court admitted that Chesapeake Bay was based upon an “untenable” reading of Parden v. Terminal R. Co., 377 U.S. 184, 84 S.Ct. 1207, 12 L.Ed.2d 233 (1964). Relying upon the Supreme Court’s subsequent decisions in Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974), and Employees v. Missouri Public Health Department, 411 U.S. 279, 93 S.Ct. 1614, 36 L.Ed.2d 251 (1973), the Faust court held that South Carolina did not waive its eleventh immunity by operating a ferry in navigable waters. In so doing, the Fourth Circuit acknowledged that it was “in accord with every other court of appeals which had considered this issue.” 721 F.2d at 941. See Karpovs v. Mississippi, 663 F.2d 640 (5th Cir. 1981); Freimanis v. Sea-Land Service, Inc., 654 F.2d 1155 (5th Cir. 1981); Jackson Sawmill Co. v. United States, 580 F.2d 302 (8th Cir. 1978); Riggle v. California, 517 F.2d 579 (9th Cir. 1978); Williamson Towing Co. v. Illinois, 534 F.2d 758 (7th Cir. 1976); Intracoastal Transportation Inc. v. Decatur County, Georgia, 482 F.2d 361 (5th Cir. 1973); Red Star Towing & Transportation Co. v. Department of Transportation, 423 F.2d 104 (3d Cir. 1970). This Court follows these decisions and rejects third-party plaintiffs’ argument.
IT IS FURTHER ORDERED that the motion of Monsanto Company for leave to file its cross-claim be and is granted.
IT IS FURTHER ORDERED that the motion of American River Transportation Company and Archer-Daniels-Midland Company for leave to file an amended claim and an amended answer and cross-claim be and is granted.
IT IS FURTHER ORDERED that the motion of Consolidated Grain and Barge Company for leave to file its amended answer and cross-claim be and is granted.
. Third-party defendant’s motion was denominated a "motion to dismiss". However, in view of the fact that third-party defendant submitted an affidavit in support of its motion, third-party defendant's motion should be treated as a motion for summary judgment. Fed.R.Civ.P. 12(b).
Reference
- Full Case Name
- Complaint of VALLEY TOWING SERVICE as owner of the M/V CITY OF GREENVILLE for exoneration from or limitation of liability. The VALLEY LINE COMPANY v. The M/V CITY OF GREENVILLE and Valley Towing Service, Inc., Defendants The M/V CITY OF GREENVILLE and Valley Towing Service, Inc., Third-Party v. STATE OF MISSOURI DEPARTMENT OF HIGHWAYS AND TRANSPORTATION, Third-Party
- Cited By
- 2 cases
- Status
- Published