## Facts

- The steamship *S.S. Brother Jonathan* sank off the California coast in 1865 with cargo aboard.
- Decades later, Deep Sea Research, Inc. (DSR) located the wreck and filed a federal in rem admiralty action seeking rights in the vessel and cargo.
- California and the California State Lands Commission moved to dismiss, asserting state ownership under the Abandoned Shipwreck Act of 1987 (ASA) and a California statute purporting to vest title to abandoned shipwrecks on or in state submerged lands.
- California argued the in rem action was effectively against the State and barred by the Eleventh Amendment.
- The district court found California had not shown a colorable ownership claim under the ASA, held the ASA preempted the state statute, issued an arrest warrant for the wreck, and appointed DSR custodian and exclusive salvor while deferring final title adjudication.
- The Ninth Circuit affirmed, and the Supreme Court granted review.

## Issues

1. Whether the Eleventh Amendment bars a federal court from exercising in rem admiralty jurisdiction over a shipwreck when the State claims ownership but does not possess the res.
2. Whether California’s asserted ownership under the ASA was sufficient to prevent the federal in rem proceeding.

## Decision

- The Supreme Court affirmed the Ninth Circuit in a unanimous decision.
- The Court held the Eleventh Amendment does not bar federal jurisdiction over an in rem admiralty action when the res is not within the State’s possession.
- Because California did not possess the wreck and had not established a colorable ASA claim at the jurisdictional stage, the federal court could proceed in rem.

## Legal Principles

- Eleventh Amendment immunity does not categorically bar federal in rem admiralty actions merely because a State asserts an ownership interest.
- A State’s immunity may bar an in rem proceeding when the suit would divest the State of possession or control over property already in its possession.
- When the res is not in the State’s possession, a federal court may exercise in rem admiralty jurisdiction without treating the case as an action against the State.
- The ASA provides a federal framework for determining state title to certain abandoned shipwrecks; state-law title assertions are limited where the ASA applies.

## Conclusion

The Court allowed the federal in rem salvage action to proceed because California lacked possession of the shipwreck and had not shown a colorable statutory basis for ownership sufficient to convert the proceeding into a barred suit against the State under the Eleventh Amendment.


California v. Deep Sea Research, Inc., 523 U.S. 491 (1998)