Note:
David Randolph Smith, Section 1983: Pendent Party Jurisdiction Not Available When Congress Has Expressly or Impliedly Refused to Extend Jurisdiction to the Pendent Party, 55 TEXAS L. REV. 941 (1977).
 

Abstract:
After Monica Aldinger was fired from her job at the Spokane County Treasurer’s Office for living with her boyfriend, she filed suit in federal district court against county officials under section 1983 of the Civil Rights Act and against Spokane County under Washington state law. In Aldinger v. Howard, 427 U.S. 1 (1976), the Supreme Court affirmed the Ninth Circuit and held that joinder of a municipal corporation for purposes of asserting a state-law claim not within federal diversity jurisdiction is beyond the jurisdiction of the district court.

Smith argues that Aldinger places civil rights litigants in an unfortunate position. A plaintiff must either incur the costs of proceeding in both state and federal courts or bring the suit in state court and risk possible bias in favor of a defendant political subdivision.