Jones v. Forman et al
ORDER dismissing Plaintiff's complaint for want of subject-matter jurisdiction. The Court denies as moot 10 MOTION to Appoint Counsel filed by Clinton Jones; & grants 4 Defendants' MOTION to Dismiss. The Court agrees, all material things considered, that this dispute belongs in state court. Signed by Judge D. P. Marshall Jr. on 1/23/2012. (jct)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DOUG FORMAN, Sergeant,
Jonesboro Police Department; and
JERRICO PERKINS, Maintenance Department,
City of Jonesboro
Jones's complaint is dismissed for want of subject-matter jurisdiction.
The pedestrian/vehicle accident in the Jonesboro City Cemetery does not
present a federal question. E.g., Russell v. Hennepin County, 420 F.3d 841, 846
(8th Cir. 2005). And because the driver and the pedestrian are both Arkansas
residents, no diversity of citizenship exists. 28 U.s.C. § 1332(a). Jones alleges
that Jonesboro police officer Doug Forman did a shoddy investigation,
Document No.1, at 7, and thereby deprived Jones of his constitutional rights
to equal protection of the laws and due process, Document No.8, at 2-3. This
constitutional allegation, even supplemented by the Jones's statements
against dismissal, is too thin on supporting facts to survive the motion to
dismiss. The Court agrees, all material things considered, that this dispute
belongs in state court. Motion to dismiss, Document No.4, granted. Motion
to appoint counsel, Document No. 10, denied as moot.
D.P. Marshall Jr.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?