Guilbault v. Jasinskas et al

Filing 28

Judge F. Dennis Saylor, IV: ORDER entered. (Pezzarossi, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_____________________________________
)
EUGENE GUILBAULT,
)
)
Plaintiff,
)
)
v.
)
)
THE ESTATE OF GREGORY
)
JASINSKAS,
)
JOSEPH CORBETT,
)
CHARLES GUILBAULT,
)
MASSACHUSETTS STATE POLICE,
)
and TOWN OF AVON,
)
)
Defendants.
)
_____________________________________)

Civil Action No.
15-11733-FDS

ORDER
SAYLOR, J.
This is a civil rights action arising out of an incident in which two Massachusetts State
Police Officers fired at plaintiff Eugene Guilbault’s vehicle, striking him in the leg. The
amended complaint alleges three causes of action: a claim under 42 U.S.C. § 1983 for excessive
force in violation of the Fourth Amendment (Count One); a claim for common-law battery
(Count Two); and a § 1983 claim for failure to train and supervise (Count Three).
On September 16, 2015, this Court entered an order (Docket No. 27) dismissing Counts
One and Three against all defendants, and dismissing Count Two against the Estate of Gregory
Jasinskas. The sole remaining claim is the Massachusetts common-law battery claim against
defendant Joseph Corbett in Count Two.
If a “district court has dismissed all claims over which it has original jurisdiction,” it
“may decline to exercise supplemental jurisdiction . . . .” 28 U.S.C. § 1367. “It has consistently

been recognized that [supplemental] jurisdiction is a doctrine of discretion, not of plaintiff’s
right.” United Mine Workers of America v. Gibbs, 383 U.S. 715, 726 (1966). “Certainly, if the
federal claims are dismissed before trial, even though not insubstantial in a jurisdictional sense,
the state claims should be dismissed as well.” Id. Because the federal claims have been
dismissed, the Court will decline to exercise its supplemental jurisdiction the remaining state
claim. Therefore, Eugene Guilbault’s claims arising under Massachusetts law will be dismissed
without prejudice.
Accordingly, this case is hereby DISMISSED.
So Ordered.

/s/__F. Dennis Saylor___
F. Dennis Saylor IV
United States District Judge

Dated: September 17, 2015

2