Bellman v. Wayne, County of, et al.

Filing 14

SECOND ORDER OF PARTIAL DISMISSAL as to 8 Amended Complaint, filed by Darrick Bellman. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DARRICK BELLMAN,
Case No. 12-13031
Plaintiff,
Honorable John Corbett O’Meara
v.
THE COUNTY OF WAYNE, et. al.,
Defendants.
/
SECOND ORDER OF PARTIAL DISMISSAL
Plaintiff Darrick Bellman filed a seven-count amended complaint in this matter May 16, 2013.
Plaintiff alleges the following causes of action: Count I, violations of the U.S. Constitution; Count
II, violations of 42 U.S.C. § 1983; Count III, violations of 42 U.S.C. § 1983; Count IV, violations
of the Michigan Constitution; Count V, intentional infliction of emotional distress; Count VI,
negligent infliction of emotional distress; Count VII, negligent hiring/training/retention of
employment services/lack of protocol.
Although Plaintiff’s causes of action arising under the United States Constitution and
federal law are cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations of
the complaint are based solely on state law. This court declines to exercise supplemental jurisdiction
over Plaintiff’s state law claims in order to avoid jury confusion. See 28 U.S.C. § 1367(c); United
Mine Workers v. Gibbs, 383 U.S. 715 (1966); and Padilla v. City of Saginaw, 867 F. Supp. 1309
(E.D. Mich. 1994).

Therefore, it is hereby ORDERED that Counts IV, V, VI and VII of the amended complaint
are DISMISSED.
s/John Corbett O'Meara
United States District Judge
Date: July 31, 2013

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, July 31, 2013, using the ECF system.

s/William Barkholz
Case Manager

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