TS et al v. Doe et al

Filing 91

OPINION & ORDER: (1) Plas' federal claims against the Dfts are hereby DISMISSED based on qualified immunity. (2) Plas' state law claims against the Dfts are REMANDED to Breathitt Circuit Court. (3) Clerk shall mail a certified copy of this Order to the Breathitt Circuit Court Clerk. (4) This matter is DISMISSED and STRICKEN from the active docket. Signed by Judge Karen K. Caldwell for Judge Karl S. Forester on March 26, 2014. (AWD) cc: COR,certified copy to Breathitt Circuit Court Clerk

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON

CIVIL ACTION NO. 10-217-KSF
T.S. AND T.S., AS NEXT FRIENDS TO
J.S. AND K.S.

V.

PLAINTIFFS

OPINION & ORDER

MITCHELL GABBARD, et al.

DEFENDANTS
**********

This matter is before the Court upon the mandate issued by the Sixth Circuit Court of
Appeals on March 24, 2014, remanding the case to this court [DE #90]. The Sixth Circuit held that
the defendants are entitled to qualified immunity on all of the federal claims asserted by the plaintiffs
[DE #88]. Accordingly, the plaintiffs’ federal claims will be dismissed.
With respect to the remaining state law claims, the Sixth Circuit held that the defendants are
not entitled to qualified immunity on those claims. This Court will decline to exercise its
supplemental jurisdiction over these remaining claims. The Court’s supplemental jurisdiction is
governed by 28 U.S.C. § 1367, which provides district courts with discretion to decline to exercise
their supplemental jurisdiction for the reasons listed in 28 U.S.C. § 1367(c). Relevant to this case
is 28 U.S.C. § 1367(c)(3), which provides that a district court may decline jurisdiction over a
supplemental state law claim once the court “has dismissed all claims over which it has original
jurisdiction[.]” 28 U.S.C. § 1367(c)(3). Additionally, the Sixth Circuit has held that “if the federal
claims are dismissed before trial . . . the state claims should be dismissed as well.” Landefeld v.
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Marion Gen. Hosp., Inc., 994 F2d 1178, 1182 (6th Cir. 1993)(quoting Taylor v. First Am. BankWayne, 973 F.2d 1284, 1287 (6th Cir. 1992)). Here, because all claims over which this Court had
original jurisdiction have been dismissed, this Court will decline to exercise its supplemental
jurisdiction over the remaining state law claims and will remand those to Breathitt Circuit Court.
Accordingly, the Court hereby ORDERS as follows:
(1)

the plaintiffs’ federal claims against the defendants are hereby DISMISSED based
on qualified immunity;

(2)

the plaintiffs’ state law claims against the defendants are REMANDED to Breathitt
Circuit Court;

(3)

the Clerk of this Court shall mail a certified copy of this Order to the Breathitt Circuit
Court Clerk; and

(4)

this matter is DISMISSED and STRICKEN from the active docket.

This March 26, 2014.

for Karl S. Forester, Senior Judge

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