recognizing that a state statute of limitations may apply to a federal claim which is analogous to a state cause of action if no express federal statute of limitations governs the federal claim and the state statute of limitations would not be inconsistent with underlying federal policies
How later courts described this case
- recognizing that a state statute of limitations may apply to a federal claim which is analogous to a state cause of action if no express federal statute of limitations governs the federal claim and the state statute of limitations would not be inconsistent with underlying federal policies
- finding that “[t]he indemnification claim here, whether cast as a question of New York law or federal common law, is a claim against the State for retroactive monetary relief,” and was thus barred by the Eleventh Amendment in the absence of the State’s consent to suit
- recognizing that “Indian nations held aboriginal title to lands they had inhabited from time immemorial” subject to the doctrine of discovery, which provides that “discovering nations held fee title to these lands, subject to the Indians’ right of occupancy and use.”
- holding that the Nonintercourse Act of 1793 did not displace the Oneidas’ federal common law right to sue to enforce their aboriginal land rights because the Act did “not speak directly to the question of remedies for unlawful conveyances of Indian land”
Written by the judges who cited it.
Distinguished
Distinguished by Skokomish Indian v. Tacoma Public Utilities, 410 F.3d 506 (2005)
Finally, County of Oneida v. Oneida Indian Nation, 470 U.S. 226, 105 S.Ct. 1245, 84 L.Ed.2d 169 (1985) (County of Oneida II), is inapposite.
Distinguished by a later decision, 401 F.3d 979 (2005)
Finally, County of Oneida v. Oneida Indian Nation, 470 U.S. 226, 105 S.Ct. 1245, 84 L.Ed.2d 169 (1985) (County of Oneida II), is inapposite.
Distinguished by Skokomish Indian v. Tacoma Public Utilities, 401 F.3d 979 (2005)
Finally, County of Oneida v. Oneida Indian Nation, 470 U.S. 226, 105 S.Ct. 1245, 84 L.Ed.2d 169 (1985) (County of Oneida II), is inapposite.
The opinion
Justice Brennan,
with whom Justice Marshall joins,
concurring in part and dissenting in part.
I join the Court’s opinion except for Part V. I dissent from Part V because I adhere to my view that the Eleventh Amendment “bars federal court suits against States only by citizens of other States,” Yeomans v. Kentucky, 423 U. S. 983, 984 (1975) (Brennan, J., dissenting). Thus, I would hold that the State of New York is not entitled to invoke the protections of that Amendment in this federal-court suit by counties of New York. See Employees v. Missouri Dept. of Public Health and Welfare, 411 U. S. 279, 298 (1973) (Brennan, J., dissenting); Edelman v. Jordan, 415 U. S. 651, 687 (1974) (Brennan, J., dissenting). In my view, Hans v. Louisiana, 134 U. S. 1 (1890), erects a limited constitutional barrier prohibiting suits against States by citizens of another State; the decision, however, “accords to non-consenting States only a nonconstitutional immunity from suit by its own citizens.” Employees v. Missouri Dept. of Public Health and Welfare, supra, at 313 (Brennan, J., dissenting) (emphasis added). For scholarly discussion supporting this view, see Shapiro, Wrong Turns: The Eleventh Amendment and the Pennhurst Case, 98 Harv. L. Rev. 61 , 68 (1984); Gibbons, The Eleventh Amendment and State Sovereign Immunity: A Reinterpretation, 83 Colum. L. Rev. 1889 , 1893-1894 (1983); Field, The Eleventh Amendment and Other Sovereign Immunity Doctrines: Part One, 126 U. Pa. L. Rev. 515 , 538-540, and n. 88 (1978).