Harrison et al v. Jefferson Parish School Board et al
Filing
24
ORDER AND REASONS DENYING #14 Motion for Partial Remand of Summary Proceedings, as set forth in document. Signed by Chief Judge Nannette Jolivette Brown on 11/20/2020. (jls)
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 1 of 28
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
NYRON HARRISON, ET AL.
CIVIL ACTION
VERSUS
CASE NO. 20-2916
JEFFERSON PARISH SCHOOL BOARD, ET AL.
SECTION: “G”(2)
ORDER AND REASONS
Before the Court is Plaintiffs Nyron Harrison and Thelma Williams’ (“Plaintiffs”) “Motion
for Partial Remand of Summary Proceedings, and for Remand of Motion for Temporary
Restraining Order.” 1 In this litigation, Plaintiffs bring suit, individually and on behalf of their
minor son Ka’Mauri Harrison (“Ka’Mauri”), against the Jefferson Parish School Board, Dr. James
Gray, Cecily White, Terri Joia, and Patricia Adams (collectively, “Defendants”), alleging injuries
resulting from Ka’Mauri’s suspension for displaying a BB gun on camera during remote learning. 2
After Plaintiffs filed the case in the 24th Judicial District Court for the Parish of Jefferson,
Defendants removed the case to this Court pursuant to 28 U.S.C. §§ 1331 and 1367. 3 In the instant
motion, Plaintiffs argue that the summary proceedings seeking a writ of mandamus directing the
School Board to hear an appeal of the suspension or, alternatively, judicial review of the
suspension pursuant to Louisiana Revised Statute § 17:416 should be remanded to state court. 4
1
Rec. Doc. 14.
2
Rec. Doc. 1-1.
3
Rec. Doc. 1.
4
Rec. Doc. 14. Plaintiffs initially also sought to remand a petition for a temporary restraining order and
preliminary injunction (“TRO Petition”), seeking to enjoin Defendants from subjecting Ka’Mauri to a social work
assessment, which Plaintiffs had filed in state court prior to removal. At oral argument, Defendants stipulated that
Ka’Mauri would not be subjected to a social work assessment. Accordingly, the TRO petition is moot. At oral
argument, Plaintiffs indicated that they plan to file a new TRO petition to address additional issues they believe warrant
1
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 2 of 28
Considering the motion, the memoranda in support and in opposition, the record, and the
applicable law, the Court denies the motion.
I. Background
A.
Factual Background
Plaintiffs’ claims arise out of an incident that occurred on September 11, 2020, while
Ka’Mauri was engaged in remote learning for Woodmere Elementary School (“Woodmere”), a
school within the Jefferson Parish School System. 5 Due to the COVID-19 pandemic, Plaintiffs
enrolled three of their children in distance learning. 6 On September 11, 2020, Ka’Mauri, a nine
year old fourth grade student at Woodmere, was receiving virtual instruction at home in his
bedroom. 7 Plaintiffs claim that Ka’Mauri shares his bedroom with his younger brothers. 8 Plaintiffs
allege that, while Ka’Mauri was taking a diagnostic assessment, he picked up a BB gun that his
younger brother had tripped over and moved it away from his brother. 9 According to Plaintiffs,
Ka’Mauri was unaware that the BB gun was in view of the camera on his computer screen. 10
Plaintiffs contend that Ka’Mauri never pointed the BB gun at the camera, and was only trying to
remove it from the path of his younger brother when he picked it up. 11
injunctive relief.
Rec. Doc. 1-1.
5
6
Id. at 5.
7
Id.
8
Id.
9
Id. at 6.
10
Id.
11
Id.
2
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 3 of 28
Plaintiffs allege that Ka’Mauri’s teacher, Leslie Williams, witnessed the incident at issue.12
According to the Petition, Leslie Williams tried to get Ka’Mauri’s attention when she saw the BB
gun, but Ka’Mauri could not hear her because he had muted the computer while he was taking the
assessment. 13 Allegedly because Leslie Williams thought she saw a real gun, she reported the
incident to Woodmere’s principal, Cecily White (“White”). 14 Plaintiffs allege that White signed a
Behavior Report on September 14, 2020, suspending Ka’Mauri from Woodmere from September
16, 2020 through September 29, 2020 and recommending Ka’Mauri for expulsion. 15 Plaintiffs
assert that White never met with Ka’Mauri or spoke to him about the incident. 16
On September 16, 2020, Plaintiffs claim that they were given a “Woodmere School
Expulsion Recommendation,” in which Ka’Mauri was recommended for expulsion for violating
the Jefferson Parish School System’s policy against possessing “weapons prohibited under federal
law.” 17 Plaintiffs claim that the recommendation letter stated that Ka’Mauri would be suspended
pending an expulsion hearing, yet, after receiving the letter, they were given no further information
on any rules applicable to the hearing or a date for the hearing. 18
On September 21, 2020 at 10:17 AM, Plaintiffs allegedly received notice via text message
that the expulsion hearing would take place the next day––September 22, 2020 at 9:00 AM.19
12
Id.
13
Id. at 6–7.
14
Id. at 7.
15
Id. at 8.
16
Id.
17
Id. at 9.
18
Id.
19
Id. at 10.
3
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 4 of 28
However, Plaintiffs assert that they were not given information on the laws or procedures to be
used at the hearing, any witness statements, or Ka’Mauri’s student file. 20 Plaintiffs claim that they
only received information on the policies and procedures of the Jefferson Parish School System
and the protocol for student expulsions later that day, at the insistence of their attorney. 21 Plaintiffs
contend that they did not receive any information on policies or procedures in place relating
specifically to virtual learning, as the Jefferson Parish School System had no such policies in place,
or witness statements taken from Ka’Mauri’s classmates. 22
Plaintiffs allege that the expulsion hearing took place on September 22, 2020. 23 Plaintiffs
claim that the following individuals were present at the hearing: Plaintiffs; Principal White; the
Hearing Officer, Terri Joia (“Joia”); Ka’Mauri’s teacher, Leslie Williams; the Behavior
Interventionist, Stacie Trepagnier; and Plaintiffs’ counsel. 24 Plaintiffs allege that Joia referred to
Louisiana Revised Statute § 17:416 (“Section 17:416”) as the statute governing procedures for the
hearing. 25 Plaintiffs allege that their counsel objected throughout the hearing, alleging violations
of due process. 26 Plaintiffs contend that, throughout the hearing, Joia assured Plaintiffs that they
would have a right to appeal the outcome of the hearing. 27
Plaintiffs claim that they received an email on September 23, 2020, stating that Ka’Mauri
20
Id.
21
Id.
22
Id. at 11–12.
23
Id. at 12.
24
Id.
25
Id. at 13.
26
Id.
27
Id. at 13–14.
4
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 5 of 28
was found “guilty of displaying a facsimile weapon while receiving virtual instruction,” and
Ka’Mauri would be subject to a six day suspension and social work assessment. 28 Plaintiffs allege
that they then requested an appeal of the outcome, but were told that there was no right to appeal
a suspension under Section 17:416, but instead, that the right to appeal only attaches for
expulsions. 29 Plaintiffs assert that there is a right to appeal when there is a recommendation of
expulsion, as occurred in the instant case. 30 Plaintiffs contend that their request for an appeal was
denied by the School Board. 31
Plaintiffs allegedly informed Defendants that Joia told Plaintiffs they had a right to appeal,
and Patricia Adams (“Adams”), Chief Legal Counsel for the Jefferson Parish School System,
responded by stating that “Ms. Joia is not an attorney” and that she “may have misstated the law.”32
Plaintiffs further allege that the Attorney General of Louisiana issued a letter on September 29,
2020, explaining that the right to appeal a hearing officer’s decision when a student is
recommended for expulsion is “clear and unambiguous.” 33 When presented with this letter,
Plaintiffs claim that Adams maintained that Attorney General Landry also misstated law. 34
B.
Procedural Background
On October 2, 2020, Plaintiffs, individually and on behalf of Ka’Mauri, filed a “Petition
for Judicial Review, and Alternatively, a Writ of Mandamus” (“Petition”) against Defendants in
28
Id. at 14–15.
29
Id. at 16.
30
Id.
31
Id. at 16–17.
32
Id. at 18.
33
Id. at 17, 41.
34
Id. at 18.
5
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 6 of 28
the 24th Judicial District Court for the Parish of Jefferson, State of Louisiana. 35
In the Petition, Plaintiffs seek mandamus relief directing the School Board to hear an appeal
or, alternatively, judicial review of Ka’Mauri’s suspension under Section 17:416 (the “Summary
Proceedings”). 36 Plaintiffs contend that, under Section 17:416, the School Board has a
nondiscretionary duty to review a disciplinary proceeding if requested by parents of a student
recommended for expulsion. 37 Plaintiffs assert that the School Board refused to perform this duty,
and they seek a writ of mandamus directing the School Board to hear the appeal. 38 Alternatively,
Plaintiffs assert that the School Board “implicitly affirmed the findings” made by Joia during the
expulsion hearing. 39 Therefore, Plaintiffs alternatively seek judicial review of that decision. 40
Plaintiffs also bring claims for alleged violations of Ka’Mauri’s procedural and substantive
due process rights under both the Louisiana Constitution and the U.S. Constitution.41 Plaintiffs
federal claims are brought pursuant to 42 U.S.C. §§ 1983 and 1985. 42 Finally, Plaintiffs bring
Louisiana state law tort claims against Defendants including: a defamation claim against White; a
detrimental reliance claim against the School Board, White, Superintendent Gray, and Adams; an
intentional infliction of emotional distress claim, or alternatively a negligent inflection of
emotional distress claim, against all Defendants; and a negligence claim against the School Board,
35
Rec. Doc. 1-1.
36
Id. at 18.
37
Id. at 19.
38
Id.
39
Id.
40
Id.
41
Id. at 19–22.
42
Id.
6
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 7 of 28
Superintendent Gray, and Adams. 43 Plaintiffs seek damages for mental pain and suffering, future
counseling and tutoring, lost income, economic damages, attorneys’ fees, and costs. 44
On October 6, 2020, Plaintiffs filed a “Petition for TRO/Injunction” (“TRO Petition”) in
the 24th Judicial District Court for the Parish of Jefferson, State of Louisiana, seeking to enjoin
Defendants from subjecting Ka’Mauri to a social work assessment. 45 The state court granted a
temporary restraining order on October 6, 2020, and a preliminary injunction hearing was
scheduled in state court for November 4, 2020. 46
On October 16, 2020, Plaintiffs filed a “First Supplemental and Amending Petition”
alleging that Defendants retaliated against Plaintiffs for engaging in constitutionally protected
speech. 47
Defendants removed the case to the United States District Court for the Eastern District of
Louisiana on October 26, 2020. 48 Defendants removed the case to this Court pursuant to 28 U.S.C.
§§ 1331 and 1367, alleging federal question jurisdiction over Plaintiffs’ claims arising under 42
U.S.C. §§ 1983 and 1985, and supplemental jurisdiction over the state law claims. 49
On November 5, 2020, Defendants filed a “Motion to Dissolve Temporary Restraining
Order,” noticing the motion for submission on December 2, 2020. 50
43
Id. at 22–27.
44
Id. at 28.
45
Id. at 48–57.
46
Id. at 68.
47
Id. at 43–47.
48
Rec. Doc. 1.
49
Id.
50
Rec. Doc. 6.
7
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On November 6, 2020, Plaintiff filed the instant motion for partial remand. 51 The same
day, Plaintiffs filed a motion to expedite hearing on the motion. 52 The Court granted the motion to
expedite, and set the motion for oral argument on November 13, 2020 at 2:00 PM. 53 On November
11, 2020, Defendants filed an opposition to the motion to remand. 54 On November 12, 2020,
Plaintiffs filed a reply brief in further support of the motion to remand. 55
On November 13, 2020, the Court held oral argument on the motion for partial remand.
During oral argument, several important stipulations were made. First, Defendants stipulated that
Ka’Mauri would not be subjected to a social work assessment. The parties also stipulated that each
party would bear their own costs and fees pertaining to the TRO Petition that Plaintiffs previously
filed in state court. Accordingly, the parties agreed that the TRO Petition and Defendants’ Motion
to Dissolve Temporary Restraining Order are moot. At oral argument, Plaintiffs indicated that they
plan to file a new TRO petition to address additional issues they believe warrant injunctive relief.
II. Parties’ Arguments
A.
Plaintiffs’ Arguments in Support of the Motion
In the instant motion, Plaintiffs argue that the Summary Proceedings seeking a writ of
mandamus directing the School Board to hear an appeal of the suspension or, alternatively, judicial
review of the suspension pursuant to Section 17:416 should be remanded to state court. 56
First, Plaintiffs argue that, under Section 17:416, a state district court is the only proper
51
Rec. Doc. 14.
52
Rec. Doc. 11.
53
Rec. Doc. 15.
54
Rec. Doc. 18.
55
Rec. Doc. 19.
56
Rec. Doc. 14. See supra text accompanying note 4.
8
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 9 of 28
venue to hear a request for mandamus or, alternatively, an appeal of a school disciplinary hearing.57
Plaintiffs concede that this Court has original jurisdiction over Plaintiffs’ claims arising under
federal law and supplemental jurisdiction over Plaintiffs’ state law tort claims. 58 However,
Plaintiffs argue that this Court does not have supplemental jurisdiction over the Summary
Proceedings arising under Section 17:416 because the statute “on its very face, provides its chosen
jurisdiction: ‘the parish in which the student’s school is located.’” 59 Accordingly, Plaintiffs argue
that this Court should sever the Summary Proceedings from the constitutional claims and state tort
claims and remand the Summary Proceedings to state court. 60
Second, Plaintiffs submit that this Court should decline to exercise supplemental
jurisdiction over the claims because they involve a novel issue of state law. 61 According to
Plaintiffs, the interpretation of Section 17:416 “applied to the unique and novel area of virtual
instruction, is a matter that should be decided by a Louisiana Court.” 62 Plaintiffs allege that the
Jefferson Parish School System is currently implementing a new policy related to Section 17:416
and its applicability to virtual learning. 63 Additionally, Plaintiffs note that the Louisiana legislature
recently enacted legislation that affects the implementation of the statute and “would affirm
57
Rec. Doc. 14-1 at 24 (citing La. Rev. Stat. § 17:416(5) (“The parent or tutor of the pupil may, within ten
days, appeal to the district court for the parish in which the student's school is located, an adverse ruling of the school
board in upholding the action of the superintendent or his designee.”).
58
Id. at 29.
59
Id.
60
Id. at 30.
61
Id. at 23, 31–32.
62
Id. at 31.
63
Id. at 18–21, 25.
9
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 10 of 28
Ka’Mauri’s right to an appeal.” 64 Because of these recent changes, Plaintiffs argue that
interpretation of the statute is a “novel issue that should be left for the State Court to decide.”65
Accordingly, Plaintiffs submit that this Court should decline to exercise supplemental jurisdiction
over the Summary Proceedings. 66 Plaintiffs assert that the Supreme Court has held that “novel
issues of state law peculiarly call[] for the exercise of judgment by the state courts.” 67 Because
“virtual learning and school discipline are meeting in a courtroom in the State of Louisiana for the
first time,” Plaintiffs contend that Louisiana state courts are “up for the task” of deciding this new
legal issue. 68
Third, and finally, Plaintiffs assert that this Court should abstain from deciding the
Summary Proceedings because they involve unresolved issues of state law, best left to Louisiana
courts under the doctrines of Burford and Younger abstention. 69 Plaintiffs allege that Burford
abstention applies to the instant case because Louisiana state law is controlling and a “decision in
State Court, for the first time, as to the interpretation of [Section 17:416], in the facts of Ka’Mauri’s
case, could have a lasting impact on School Systems in the State of Louisiana and how they go
about student discipline with virtual instruction moving forward.” 70 Accordingly, Plaintiffs
contend that “[f]ederal review of this case could be disruptive of State efforts” to create a review
64
Id. at 17–18, 25.
65
Id. at 25.
66
Id.
67
Id. at 32 (citing McKesson v. Doe, 2020 WL 6385692 (U.S. Nov. 2, 2020)).
68
Id.
69
Id. at 23.
70
Id. at 36.
10
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process in student disciplinary cases. 71 Plaintiffs also argue that abstention is proper under the
Younger doctrine because proceedings could or should be pending in state court under the clear
terms of Section 17:416. 72 Plaintiffs submit that review of the School Board policy at issue in this
case presents “an overwhelming issue that should be remanded for State Court review.” 73
B.
Defendants’ Arguments in Opposition to the Motion
Defendants set out four main arguments in opposition to Plaintiffs’ motion for partial
remand. 74 First, Defendants argue that this Court should not decline to exercise supplemental
jurisdiction over the Summary Proceedings because an analysis of Section 17:416 does not involve
a novel issue of state law. 75 Defendants assert that this Court has “previously exercised subject
matter jurisdiction over federal claims involving analysis of [Section] 17:416” and is therefore
equipped to hear similar claims in the instant case. 76 Defendants cite to Robinson v. St. Tammany
Parish Public School System as an example of a case involving Section 17:416 that was decided
by this Court.77 Defendants contend that this Court found against the Robinson plaintiff, who was
denied an appeal of a school disciplinary proceeding under Section 17:416 and subsequently
brought a due process claim, because the plaintiff was suspended, not expelled. 78 Defendants
contend that “[t]he facts and legal issues in play involve[] a straightforward interpretation of a state
71
Id. at 35–36.
72
Id. at 36.
73
Id. at 36–37.
74
Rec. Doc. 18 at 2.
75
Id. at 8.
76
Id.
Id. at 9 (citing Robinson v. St. Tammany Parish Public School System, 983 F.Supp.2d 835 (E.D. La. 2013)
(Brown, J.)).
77
78
Id.
11
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statute” that this Court has already considered in previous cases. 79 Accordingly, Defendants assert
that the Court should not decline to exercise supplemental jurisdiction over the Summary
Proceedings because the claims do not present novel or complex issues of state law. 80
Second, Defendants allege that there are no “exceptional circumstances” or “compelling
reasons” for this Court to decline to exercise supplement jurisdiction over the Summary
Proceeding. 81 Defendants argue that 28 U.S.C. § 1367(c)(4) permits courts to decline to exercise
supplemental jurisdiction in cases involving exceptional circumstances, but that this exception
should only be “invoked in rare and unusual cases,” which this case is not. 82 Defendants assert that
there is “substantial similarity” between the Summary Proceedings and the remainder of Plaintiffs’
claims, and the Section 1367(c) factors weigh in favor of this Court retaining supplemental
jurisdiction. 83 Defendants further assert that federal courts can exercise jurisdiction over state
summary proceedings, and that this Court has considered summary proceedings in previous
cases. 84
Third, Defendants argue that the Summary Proceedings “derive from a common nucleus
of operative facts” with Plaintiffs’ federal and state law tort claims, such that this Court has
supplemental jurisdiction over the Summary Proceedings. 85 Defendants assert that “[t]he nucleus
is Plaintiffs’ allegation that Defendants violated [Section] 17:416 by denying the student’s request
79
Id. at 10.
80
Id.
81
Id. at 11.
82
Id.
83
Id. at 13–14.
84
Id. at 14–15.
85
Id. at 16.
12
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for an appeal,” and because all of Plaintiffs’ claims involve this central issue, the Summary
Proceedings “should not be carved out from this suit . . . .”86 Defendants also argue that, contrary
to Plaintiffs’ assertions, Section 17:416 does not mandate that a state court hear Plaintiffs’ claims. 87
Fourth, and finally, Defendants argue that this Court should not abstain from hearing the
Summary Proceedings because “there is no parallel state proceeding and no difficult questions of
state law that should be reserved for state court.” 88 Defendants contend that Younger abstention is
inapplicable in the instant case because there “is no related criminal or quasi-criminal enforcement
action at issue in this case,” and because “there is no pending state court action or proceeding at
all.” 89 Defendants argue that Burford abstention likewise does not apply in the instant case because
there “is not a state regulatory scheme at issue and there is no specialized state judicial review
procedure.” 90 For these reasons, Defendants argue that the motion for partial remand should be
denied. 91
C.
Plaintiffs’ Arguments in Further Support of the Motion
In reply, Plaintiffs assert that they “do not suggest, nor believe, that this Court does not
have authority to interpret [Section] 17:416.” 92 Plaintiffs contend that they “would prefer that the
lion’s share of the Petition remain before Your Honor, but suggest that compelling state interests
86
Id. at 17.
87
Id. at 18.
88
Id. at 2.
89
Id. at 22.
90
Id. at 23.
91
Id. at 24.
92
Rec. Doc. 19 at 1.
13
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require the State of Louisiana to play some role in this novel litigation.” 93 Plaintiffs argue that,
under Section 17:416, only Louisiana state courts are capable of ordering the School Board to
review the suspension. 94
Plaintiffs assert that Section 17:416 has been “clarified” by the newly-enacted Ka’Mauri
Harrison Act, which applies retroactively to March 13, 2020. 95 Plaintiffs argue that the Ka’Mauri
Harrison Act makes clear that any student who is recommended for expulsion, even if they are not
thereafter expelled, is entitled to an appeal. 96 Plaintiffs assert that, while the Ka’Mauri Harrison
Act “was a clarification of student appeal rights,” a right to appeal for a student recommended for
expulsion “has always been the law.” 97 Plaintiffs argue that a previous Louisiana state court
decision interpreting Section 17:416 as not affording an appeal without an expulsion was
incorrectly decided, and that “this position was confirmed” by the Louisiana legislature in passing
the Ka’Mauri Harrison Act. 98 Plaintiffs further contend that, while this Court has “briefly
addressed the issue of a right to appeal” under Section 17:416 in Robinson v. St. Tammany Parish
Public School System, the Court’s ruling did not “engage in an analysis of the plain language of
[Section] 17:416.” 99 Plaintiffs assert that past caselaw “illustrate[s] the inconsistency in the way
in which school systems in the State of Louisiana were/are interpreting [Section] 17:416” and that,
93
Id.
94
Id. at 2.
95
Id. at 3.
96
Id.
97
Id.
98
Id. at 4.
99
Id.
14
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as such, “Plaintiffs need to seek clarification” on this issue in state court. 100
Plaintiffs further argue that remanding the Summary Proceedings would not create “two
separate trials” because “the relief the Plaintiffs seek in the [Summary Proceedings] is significantly
separate from the relief it is seeking in the ordinary proceedings and constitutional challenges.”101
Plaintiffs argue that, in the Summary Proceedings, they are seeking “an expungement of
Ka’Mauri’s record and a clearing of his name, attorney fees, and an injunction,” a remedy that is
distinct from the monetary damages they are seeking for the remainder of the claims. 102
Finally, Plaintiffs re-assert that abstention “could apply” to the instant case, and that the
issues involved in this case are novel. 103 Plaintiffs allege that the “pending school board
proceedings and the underlying policy concerns at issue herein are of significant importance to the
State of Louisiana.” 104 Moreover, Plaintiffs contend that Defendants’ assertion “that this case is
not ‘exceedingly rare’ is bizarre.” 105 Plaintiffs point to a lack of litigation over issues within virtual
instruction as evidence that the Summary Proceedings are novel, and should be remanded. 106
III. Legal Standard
Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a state court action only if the
action could have originally been filed in federal court. Because removal raises significant
federalism concerns, the removal statutes are strictly and narrowly construed, with any doubt
100
Id. at 6.
101
Id. at 7.
102
Id. at 8.
103
Id.
104
Id.
105
Id. at 9.
106
Id.
15
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resolved against removal and in favor of remand. 107 In short, any doubts regarding whether
removal jurisdiction is proper should be resolved against federal jurisdiction. 108 Motions to remand
from a federal district court to a state court are governed by 28 U.S.C. § 1447(c), which provides,
in part, that: “If at any time before the final judgment it appears that the district court lacks subject
matter jurisdiction, the case shall be remanded.” The burden of establishing subject matter
jurisdiction rests with the party seeking to invoke it. 109
“Federal courts are courts of limited jurisdiction. They possess only the power authorized
by Constitution and statute, which is not to be expanded by judicial decree.” 110 Pursuant to 28
U.S.C. § 1331, a district court has subject matter jurisdiction over “all civil actions arising under
the Constitution, laws, or treaties of the United States.” Often called “federal-question
jurisdiction,” this type of jurisdiction “is invoked by and large by plaintiffs pleading a cause of
action created by federal law (e.g., claims under 42 U.S.C. § 1983).” 111 A single claim over which
federal-question jurisdiction exists is sufficient to allow removal. 112 Both parties agree that this
Court has federal question jurisdiction pursuant to 28 U.S.C. § 1331 over Plaintiffs’ claims arising
under 42 U.S.C. § 1983 and 42 U.S.C. § 1985. 113
107
Gutierrez v. Flores, 543 F.3d 248, 251 (5th Cir. 2008).
Vantage Drilling Co. v. Hsin–Chi Su, 741 F.3d 535, 537 (5th Cir. 2014) (quoting Acuna v. Brown & Root
Inc., 200 F.3d 335, 339 (5th Cir. 2014), cert. denied, 530 U.S. 1229 (2000)).
108
109
Paul Reinsur. Co. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998) (citing Gaitor v. Peninsular &
Occidental Steamship Co., 287 F.2d 252, 253–54 (5th Cir. 1961)).
110
Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (internal citations omitted).
Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308, 312 (2005);
see also Gunn v. Minton, 133 S. Ct. 1059, 1064 (2013) (“Most directly, a case arises under federal law when federal
law creates the cause of action asserted.”).
111
See Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 563 (2005); City of Chicago v. Int’l
Coll. of Surgeons, 522 U.S. 156, 164–66 (1997).
112
113
Rec. Doc. 14-1 at 28–29.
16
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Pursuant to 28 U.S.C. § 1367(a), “in any civil action of which the district courts have
original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims
that are so related to claims in the action within such original jurisdiction that they form part of the
same case or controversy under Article III of the United States Constitution.” This provision has
been interpreted to mean that district courts have supplemental jurisdiction over state law claims
when these claims arise out of the same set of operative facts as the federal claims. 114
Defendants removed this case pursuant to 28 U.S.C. § 1441(c), which provides:
(c) Joinder of Federal law claims and State law claims.–
1) If a civil action includes–
(A) a claim arising under the Constitution, laws, or treaties of the United
States (within the meaning of section 1331 of this title), and
(B) a claim not within the original or supplemental jurisdiction of the
district court or a claim that has been made nonremovable by statute,
the entire action may be removed if the action would be removable
without the inclusion of the claim described in subparagraph (B).
(2) Upon removal of an action described in paragraph (1), the district court shall
sever from the action all claims described in paragraph (1)(B) and shall remand the
severed claims to the State court from which the action was removed. . . .
Plaintiffs concede that this Court has original jurisdiction over Plaintiffs’ claims arising
under federal law and supplemental jurisdiction over Plaintiffs’ state law tort claims. 115 However,
Plaintiffs argue that the Summary Proceedings seeking a writ of mandamus directing the School
Board to hear an appeal of the suspension or, alternatively, judicial review of the suspension
pursuant to Section 17:416 should be severed pursuant to 28 U.S.C. § 1441(c)(2) and remanded to
114
State Nat’l Ins. Co., Inc. v. Yates, 391 F.3d 577, 579 (5th Cir. 2004).
115
Rec. Doc. 14-1 at 29.
17
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state court. 116
IV. Analysis
Plaintiffs present three arguments in support of partial remand. 117 First, Plaintiffs argue
that Section 17:416 mandates that the Summary Proceedings be litigated in state court. 118 Second,
Plaintiffs assert that the Court should decline to exercise supplemental jurisdiction over the
Summary Proceeding because the applicability of Section 17:416 to virtual learning is a novel
issue of state law. 119 Third, Plaintiffs contend that the Court should abstain from hearing the
Summary Proceedings under the Burford and Younger abstention doctrines. 120 Each argument is
discussed in turn.
A.
Whether Section 17:416 Mandates that the Summary Proceedings be Litigated in State
Court
Plaintiffs assert that this Court does not have supplemental jurisdiction over the Summary
Proceedings because Louisiana Revised Statute § 17:416 provides that “[t]he parent or tutor of the
pupil [who is the subject of a discipline hearing] may, within ten days, appeal to the district court
for the parish in which the student’s school is located . . . .” 121 Plaintiffs contend that this language
equates to a mandate that only the district court for the parish in which the student’s school is
located may rule on an appeal of a school disciplinary hearing. 122 In opposition, Defendants assert
116
Rec. Doc. 14.
117
Rec. Doc. 14-1.
118
Id. at 24–25, 28–31.
119
Id. at 25, 31–34.
120
Id. at 25–26, 35–37.
121
Rec. Doc. 14-1 at 24.
122
Id.
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that the statute does not require that “any judicial review” be filed in the state district court where
the school board is located. 123 Defendants contend that “[t]he only judicial review contemplated
by the statute is of a school board decision for an expulsion and the review of that board
determination is to be filed in the district court for the parish where the student’s school is
located.” 124 Defendants contend that this situation is not presented here. 125
As an initial matter, the Court has supplemental jurisdiction over the Summary Proceedings
pursuant to 28 U.S.C. § 1367(a). The Summary Proceedings relate to the same core issue as the
federal claims over which this Court has original jurisdiction––whether Defendants violated
Plaintiffs’ rights, under the U.S. Constitution, the state Constitution, or Section 17:416, by
suspending Ka’Mauri. The Summary Proceedings clearly arise out of the same set of operative
facts as the federal claims. 126 Therefore, the Court has supplemental jurisdiction over the Summary
Proceedings.
Additionally, the Fifth Circuit has recognized that federal courts can exercise jurisdiction
over state summary proceedings. 127 In Weems v. McCloud, the Fifth Circuit held that a federal
court could exercise jurisdiction over a summary confirmation proceeding for foreclosure sales. 128
Because “[t]he laws of a state cannot enlarge or restrict the jurisdiction of the federal courts,” the
Fifth Circuit recognized that “[i]t necessarily follows that whenever a state provides a substantive
right and a remedy for its enforcement in a judicial proceeding in any state court, a judicial
123
Rec. Doc. 18 at 18.
124
Id.
125
Id.
126
Yates, 391 F.3d at 579.
127
Weems v. McCloud, 619 F.2d 1081, 1087 (5th Cir. 1980).
128
Id. at 1090.
19
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controversy involving the right may be adjudicated by a United States District Court if it has
jurisdiction under the Constitution and laws of the United States.” 129 Although the confirmation
proceeding was “summary in nature” and involved special procedural rules that did not exist in
ordinary court proceedings, the Fifth Circuit found that the cause of action was nevertheless a “suit
of a civil nature at common law or in equity.” 130 The Fifth Circuit also recognized that federal
courts may limit the application of the Federal Rules of Civil Procedure when strict adherence to
the rules “would frustrate the purpose, or destroy the summary nature, of a special, statutorily
created cause of action.” 131
Despite this binding precedent, Plaintiffs argue that Section 17:416 limits the supplemental
jurisdiction of this Court to hear the Summary Proceedings. 132 Louisiana Revised Statute
§ 17:416(c)(4)–(5) was recently revised by the Louisiana legislature, in response to this case. The
Ka’Mauri Harrison Act revised Section 17:416(c)(4)–(5) as follows (revisions are underlined):
(4) The parent or tutor of the pupil who has been recommended for expulsion
pursuant to this Section may, within five days after the decision is rendered, request
the city or parish school board to review the findings of the superintendent or his
designee at a time set by the school board; otherwise the decision of the
superintendent shall be final. If requested, as herein provided, and after reviewing
the findings of the superintendent or his designee, the school board may affirm,
modify, or reverse the action previously taken. The parent or tutor of the pupil shall
have such right of review even if the recommendation for expulsion is reduced to a
suspension.
(5)(a) The parent or tutor of the pupil who has been recommended for expulsion
pursuant to this Section may, within ten days, appeal to the district court for the
parish in which the student's school is located, an adverse ruling of the school board
in upholding the action of the superintendent or his designee. The court may reverse
or revise the ruling of the school board upon a finding that the ruling of the board
129
Id. at 1087 (quoting Markham v. City of Newport News, 292 F.2d 711, 716 (4th Cir. 1961)).
130
Id. at 1085–90.
131
Id. at 1096.
132
Rec. Doc. 14-1 at 24.
20
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was based on an absence of any relevant evidence in support thereof. The parent or
tutor of the pupil shall have such right to appeal to the district court even if the
recommendation for expulsion is reduced to a suspension.
The legislation further provides that it will apply retroactively. 133
Plaintiffs argue that the Jefferson Parish School Board violated Section 17:416 by denying
their request for a hearing on the decision to suspend Ka’Mauri. Therefore, Plaintiffs seek a writ
of mandamus directing the School Board to conduct a hearing under Section 17:416(c)(4). 134
As a general rule for claims arising under federal law, a federal district court lacks
jurisdiction “to issue a writ of mandamus to direct a state [] officer in the performance of his duties
when mandamus is the only relief sought.” 135 However, this general principle does not apply to
claims arising under state law, as the requested writ of mandamus does here. When a federal court
sits in diversity or hears state law pendent claims, it acts as any other court of the state, and can
issue writs that the state courts are empowered to grant. 136 Moreover, the All Writs Act 137 grants
federal courts the authority to issue writs of mandamus where there is an independent basis for
subject matter jurisdiction. 138 In this case, Plaintiffs seek a writ of mandamus under Louisiana state
133
See HB No. 83.
134
Rec. Doc. 1-1 at 18.
Neuman v. Blackwell, 204 F. App’x 348, 349 (5th Cir. 2006) (citing Moye v. Clerk, DeKalb County
Superior Court, 474 F.2d 1275, 1275–76 (5th Cir. 1973); Noble v. Cain, 123 F. App’x 151, 152–53 (5th Cir. 2005)).
See also Gordon v. Whitley, 24 F.3d 236 (5th Cir. 1994) (“Federal mandamus applies to officers, employees, and
agencies of the United States. It does not apply to officers, employees, and agencies of states.”). Federal Rule of Civil
Procedure 81(b) formally abolished federal writs of mandamus.
135
Vary v. City of Cleveland, 206 F.Supp.3d 1273, 1277 (N.D. Ohio 2016) (citing Guaranty Trust Co. of New
York v. York, 326 U.S. 99 (1945)).
136
137
28 U.S.C. § 1651(a) (“The Supreme Court and all courts established by Act of Congress may issue all
writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of
law.”).
138
Maczko v. Joyce, 814 F.2d 308, 310 (6th Cir. 1987) (citing Allied Chemical Corp. v. Daiflon, Inc., 449
U.S. 33, 34–35 (1980)).
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law, not federal law.
Recently, the Fifth Circuit applied Texas state law in analyzing whether to issue a writ of
mandamus to a federal district court directing the lower court to require expungement of notices
recorded in Texas county property records. 139 The Fifth Circuit recognized that Texas law
authorized the cancellation of improper notices by means of mandamus. 140 The Fifth Circuit
reasoned that “[w]ere the federal court to disallow this important remedy as it is afforded in state
court, we would deviate from the Erie-backed rule requiring federal court decisions to be modelled
on applicable state law in diversity cases.” 141 Thus, although mandamus is an extraordinary
remedy, the Fifth Circuit reasoned that it “must be available in federal court to the same extent as
in the courts of Texas.” 142
Similarly, the Erie doctrine applies to Plaintiffs’ state law claims over which this Court has
supplemental jurisdiction. 143 Louisiana law allows for the issuance of writs of mandamus in certain
circumstances. Louisiana Code of Civil Procedure article 3863 provides that “[a] writ of
mandamus may be directed to a public officer to compel the performance of a ministerial duty
required by law. . . .” A writ of mandamus “should be issued only in cases where the law provides
no relief by ordinary means or where the delay involved in obtaining ordinary relief may cause
injustice.” 144 Although mandamus is an extraordinary remedy, when considering a Louisiana state
139
In re Huffines Retail Partners, L.P., 978 F.3d 128, 134 (5th Cir. 2020).
140
Id.
141
Id.
142
Id. at 134–35.
Sommers Drug Stores Co. Employee Profit Sharing Trust v. Corrigan, 883 F.2d 345, 353 (5th Cir. 1989);
Bott v. J.F. Shea Co., Inc., 388 F.3d 530 553 n.3 (5th Cir. 2004) (citing Erie Railroad v. Tompkins, 304 U.S. 64
(1938)).
143
144
Bd. of Trustees of Sheriff's Pension & Relief Fund v. City of New Orleans, 2002-0640 (La. 5/24/02), 819
22
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law claim, a writ of mandamus “must be available in federal court to the same extent as in the
courts of [Louisiana].” 145 Therefore, the Court finds that it can maintain supplemental jurisdiction
over Plaintiff’s claim seeking mandamus relief under Louisiana law. 146
Plaintiffs also seek judicial review of the School Board’s decision under Section
17:416(c)(5). 147 Plaintiffs argue that a state district court is the only proper venue to hear a request
for mandamus or, alternatively, an appeal of a school disciplinary hearing. 148 Section 17:416(c)(5)
provides that “[t]he parent or tutor of the pupil may, within ten days, appeal to the district court
for the parish in which the student’s school is located, an adverse ruling of the school board in
upholding the action of the superintendent or his designee.” Plaintiff’s argument that Section
17:416(c)(5) deprives this Court of jurisdiction is unavailing. “The laws of a state cannot enlarge
or restrict the jurisdiction of the federal courts.” 149 As discussed above, this Court has supplemental
jurisdiction over the Summary Proceedings, and Section 17:416 cannot restrict this Court’s
jurisdiction.
B.
Whether the Summary Proceedings Involve a Novel Issue of State Law
Although this Court has jurisdiction over the Summary Proceedings, it may decline to
So. 2d 290, 292.
In re Huffines Retail Partners, L.P., 978 F.3d at 134–35. See also Vary v. City of Cleveland, 206 F.Supp.3d
1273, 1277 (N.D. Ohio 2016) (“when a court sits in diversity, it acts as any other court of the state, and can issue writs
that the state courts are empowered to grant”); Harbaugh v. Bd. of Educ. of City of Chicago, 815 F. Supp. 2d 1026,
1030 (N.D. Ill. 2011), aff’d, 716 F.3d 983 (7th Cir. 2013) (applying Illinois state law to determine if the federal court
should issue mandamus to a school board); Hayes v. Pittsburgh Bd. of Pub. Educ., No. 02-593, 2007 WL 760518, at
*16 (W.D. Pa. Mar. 8, 2007), aff’d, 279 F. App’x 108 (3d Cir. 2008) (applying Pennsylvania state law to determine if
the federal court should issue mandamus to a school board).
145
146
Mosley v. City of Pittsburgh Pub. Sch. Dist., No. 07-1560, 2008 WL 2224888 (W.D. Pa. May 27, 2008)
(denying a motion to remand a case seeking mandamus relief from a school board under Pennsylvania law).
147
Rec. Doc. 1-1 at 19.
148
Rec. Doc. 14-1 at 24 (citing La. Rev. Stat. § 17:416(c)(5)).
149
Weems, 619 F.2d at 1087 (quoting Markham v. City of Newport News, 292 F.2d 711, 716 (4th Cir. 1961)).
23
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exercise supplemental jurisdiction under the factors set forth in 28 U.S.C. § 1367(c). Section
1367(c) provides that a federal court may decline to exercise supplemental jurisdiction if: “(1) the
claim raises a novel or complex issue of state law; (2) the claim substantially predominates over
the claim or claims over which the district court has original jurisdiction; (3) the district court has
dismissed all claims over which it has original jurisdiction; or (4) in exceptional circumstances,
there are other compelling reasons for declining jurisdiction.” 150 The Court’s determination of
whether to retain supplemental jurisdiction is guided by “both the statutory provisions of 28 U.S.C.
§ 1367(c) and the balance of the relevant factors of judicial economy, convenience, fairness, and
comity.” 151
Plaintiffs urge this Court to decline to exercise supplemental jurisdiction over the Summary
Proceedings because the application of Section 17:416 to virtual learning is a novel issue of
Louisiana state law. 152 Plaintiffs point to the enactment of a new Jefferson Parish School System
policy on virtual learning, along with the passage of the Ka’Mauri Harrison Act to support their
assertion that discipline for actions taken during remote learning are unsettled issues that must be
resolved by Louisiana state courts. 153 In response, Defendants argue that interpretation of Section
17:416 is not novel or complex. 154
The Summary Proceedings are not novel or complex. In fact, this Court has interpreted
Section 17:416 in prior litigation155 The Ka’Mauri Harrison Act was passed by Louisiana’s
150
Brookshire Bros. Holding v. Dayco Prod., Inc., 554 F.3d 595, 602 (5th Cir. 2009).
151
Batiste v. Island Records, Inc., 179 F.3d 217, 228 (5th Cir. 1999); Parker & Parsley Petroleum Co. v.
Dresser Ind., 972 F.2d 580, 585 (5th Cir. 1992).
152
Rec. Doc. 14-1 at 25.
153
Id. at 18, 25.
154
Rec. Doc. 18 at 2.
155
See, e.g., Robinson v. St. Tammany Parish Public School System, 983 F.Supp.2d 835 (E.D. La. 2013)
24
Case 2:20-cv-02916-NJB-MBN Document 24 Filed 11/20/20 Page 25 of 28
legislature in October 2020 and was recently signed into law by Governor Edwards. 156 While
Section 17:416 has been revised since this Court last interpreted it, this Court remains wellequipped to interpret the revised statute.
The facts of this case may require this Court to analyze Section 17:416 in a new or novel
factual context of virtual learning. However, this factual peculiarity impacts all of the claims in
this case, including the federal claims over which this Court has original jurisdiction. Additionally,
Section 17:416 forms the basis of many of the alleged due process violations raised by Plaintiffs
in this case. Considering that this Court has previously exercised jurisdiction over cases involving
Section 17:416 and considering that this Court may be called on to interpret Section 17:416 when
ruling on Plaintiffs’ federal claims, Plaintiffs have not shown that this Court should decline to
exercise supplemental jurisdiction over the Summary Proceedings.
Plaintiffs do not argue that the Summary Proceedings predominate over the federal claims.
Nor has Plaintiff identified any exceptional circumstances weighing in favor of remand. There is
substantial similarity between the federal claims and the Summary Proceedings. The factual and
legal issues overlap to a significant degree, and many of the same witnesses and evidence will be
relied on in litigating both sets of claims. Plaintiffs request that the factually intertwined causes of
action be divided between federal and state court which could potentially cause disparate rulings.
Additionally, this would waste judicial resources by having the case tried in two separate fora.
Therefore, the relevant factors of judicial economy, convenience, fairness, and comity weigh in
favor of this Court exercising supplemental jurisdiction over the Summary Proceedings.
(Brown, J.) (holding that there was no “support for Plaintiffs’ proposition that the review process provided in Section
17:416(C)(1) applies where the student was not actually expelled.”).
156
See La. Rev. Stat. § 17:416(c).
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C.
Whether Burford or Younger Abstention Apply
Finally, Plaintiffs assert that both Burford and Younger abstention doctrines should lead
this Court to remand the Summary Proceedings. 157 In opposition, Defendants argue that this Court
should not abstain from hearing the claims because “there is no parallel state proceeding and no
difficult questions of state law that should be reserved for state court.” 158
The Supreme Court has instructed that federal courts have a “virtually unflagging
obligation” to adjudicate claims within their jurisdiction. 159 However, under Burford v. Sun Oil
Co., 160 “[w]here timely and adequate state-court review is available, a federal court sitting in equity
must decline to interfere with the proceedings or orders of state administrative agencies: (1) when
there are ‘difficult questions of state law bearing on policy problems of substantial public import
whose importance transcends the result in the case then at bar’; or (2) where the ‘exercise of federal
review of the question in a case and in similar cases would be disruptive of state efforts to establish
a coherent policy with respect to a matter of substantial public concern.’” 161 “While Burford is
concerned with protecting complex state administrative processes from undue federal interference,
it does not require abstention whenever there exists such a process, or even in all cases where there
is a ‘potential for conflict’ with state regulatory law or policy.” 162
Here, there are no ongoing state proceedings or complex state administrative processes at
157
Rec. Doc. 14-1 at 35–37.
158
Rec. Doc. 18 at 2.
159
New Orleans Pub. Serv., Inc. v. Council of the City of New Orleans, 451 U.S. 350, 359 (1989).
160
491 U.S. 350 (1989).
New Orleans Pub. Serv., 451 U.S. at 361 (quoting Colorado River Water Conservation Dist. v. United
States, 424 U.S. 800, 814 (1976)) (emphasis added).
161
162
Id. at 361 (citing Colorado River Water Conservation Dist., 424 U.S. at 815–16).
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issue. Section 17:416 is not a complex state regulatory scheme. Section 17:416 is a clear and
unambiguous statute. This Court has previously interpreted Section 17:416 in cases involving both
federal and pendent state law claims. 163 In the Court's view, such an inquiry does not appear to
raise difficult questions of state law. Plaintiffs have not articulated how federal review of their
claims will disrupt the state’s objectives in enacting Section 17:416. As such, Burford abstention
is not appropriate here.
Plaintiffs’ claims for abstention under Younger v. Harris 164 are also misguided. The Fifth
Circuit has held that, “[i]n general, the Younger doctrine requires that federal courts decline to
exercise jurisdiction over lawsuits when three conditions are met: (1) the federal proceeding would
interfere with an ongoing state judicial proceeding; (2) the state has an important interest in
regulating the subject matter of the claim; and (3) the plaintiff has an adequate opportunity in the
state proceedings to raise constitutional challenges.” 165 The Fifth Circuit has held that “[i]n order
to decide whether the federal proceeding would interfere with the state proceeding, [a court]
look[s] to the relief requested and the effect it would have on the state proceedings.” 166 The Fifth
Circuit has also found that “[i]nterference is established whenever the requested relief would
interfere with the state court’s ability to conduct proceedings, regardless of whether the relief
targets the conduct of a proceeding directly.” 167
Robinson, 983 F.Supp.2d at 835; see also Decossas v. St. Tammany Parish Sch. Bd., No. 16-3786, 2017
WL 1133114 (E.D. La. Mar. 27, 2017) (Brown, J.).
163
164
401 U.S. 37 (1971).
Bice v. Louisiana Pub. Def. Bd., 677 F.3d 712, 716 (5th Cir. 2012) (quoting Middlesex Cnty. Ethics
Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 432 (1982)) (internal quotation marks omitted).
165
166
Id. at 717 (quoting 31 Foster Children v. Bush, 329 F.3d 1255, 1276 (11th Cir. 2003)).
167
Id. (quoting Joseph A. ex rel. Wolfe v. Ingram, 275 F.3d 1253, 1272 (10th Cir. 2002) (internal quotation
marks omitted)).
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Here, there are no ongoing state judicial proceedings. This action stems from a student
disciplinary matter. Plaintiffs filed a civil action in state court challenging the discipline imposed
by the School Board and seeking monetary damages, as well as mandamus and injunctive relief.
Defendants removed the action to this Court. Accordingly, Younger abstention is inapplicable in
the instant case.
V. Conclusion
For the reasons discussed above, the Court has supplemental jurisdiction over the Summary
Proceedings. Louisiana Revised Statute § 17:416 does not deprive this Court of jurisdiction.
Plaintiffs have not shown that the Court should decline to exercise supplemental jurisdiction over
the Summary Proceedings. Interpretation of Section 17:416 is not a novel issue of state law.
To the extent that the applicability of Section 17:416 to virtual learning presents new or novel
facts these circumstances impact both the federal and state law claims. Furthermore, Plaintiffs
have not demonstrated that abstention is warranted. Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ “Motion for Partial Remand of Summary
Proceedings” 168 is DENIED.
20th
NEW ORLEANS, LOUISIANA, this ______ day of November, 2020.
_________________________________________
NANNETTE JOLIVETTE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT
168
Rec. Doc. 14.
28
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