D'Angelo v. Clinton Township et al

Filing 3

ORDER REMANDING PLAINTIFF'S STATE LAW CLAIMS to Macomb County Circuit Court. Signed by District Judge Lawrence P Zatkoff. (PMil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMAS D’ANGELO,
Plaintiff,
Case No. 10-12195
Hon. Lawrence P. Zatkoff

v.

TOWNSHIP OF CLINTON,
NICHOLAS DYKAS,
JASON FIGURSKI,
KEITH WATSON, and
PAUL PARENT,
Defendants.
/
ORDER REMANDING PLAINTIFF’S STATE LAW CLAIMS
Defendants filed their notice of removal to this Court on June 3, 2010, alleging federal
subject-matter jurisdiction on the basis of a federal question. Plaintiff’s complaint, filed in the
Macomb County Circuit Court, alleges the following counts:
Count I

False Arrest and False Imprisonment

Count II

Malicious Prosecution

Count III

Intentional Infliction of Emotional Distress

Count IV

Violation of 42 U.S.C. § 1983

A civil action brought in a state court, of which the federal district courts have original
subject-matter jurisdiction, may be removed by the defendant or defendants to a federal district
court. 28 U.S.C. § 1441(a). Federal district courts have original subject-matter jurisdiction over
cases arising under federal law. 28 U.S.C. § 1331. The Court has subject-matter jurisdiction over
Count IV because it arises under federal law. 28 U.S.C. § 1331. Counts I-III, however, are based

on state law. Although the Court may exercise supplemental jurisdiction over state-law claims
pursuant to 28 U.S.C. § 1367(a), the Court may decline to exercise supplemental jurisdiction if there
are “compelling reasons for declining jurisdiction.” Id. § 1367(c)(4). The Court declines to exercise
supplemental jurisdiction over Plaintiff’s state-law claims in this matter. The Court finds that
Plaintiff’s state-law claims raise novel and complex issues of state law that would be more
appropriately adjudicated by the state court. See id. § 1367(c)(1).
Accordingly, IT IS ORDERED that Plaintiff’s state-law claims (Counts I-III) are hereby
REMANDED to the Macomb County Circuit Court. The Court retains jurisdiction over Plaintiff’s
federal claim (Count IV).
S/Lawrence P. Zatkoff
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE
Dated: June 28, 2010
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of this Order was served upon the attorneys of
record by electronic or U.S. mail on June 28, 2010.

S/Marie E. Verlinde
Case Manager
[phone]

2