Michalski v. Sonstrom et al

Filing 5

ORDER OF PARTIAL DISMISSAL OF 1 Complaint, filed by Michael Michalski. Signed by District Judge John Corbett O'Meara. (WBar)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL MICHALSKI, Plaintiff, v. Case No. 17-10307 TROOPER SONSTROM, DETECTIVE CATES, OFFICERS JOHN DOE 1, OFFICER JOHN DOE 2, OFFICER JOHN DOE 3, in their individual and official capacities; and CITY OF TAYLOR, jointly and severally, Defendant. / Honorable John Corbett O’Meara ORDER OF PARTIAL DISMISSAL Plaintiff Michael Michalski recently filed an eleven-count complaint in this court. The first five counts allege violations of 42 U.S.C. § 1983 for the use of excessive force by five law enforcement officers. Counts VI through X allege claims for gross negligence by the same defendants. Count XI alleges violations of 42 U.S.C. § 1983 against the City of Taylor. Although the counts arising under federal law are cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations presented in Counts VI through X are based solely on state law. The parties to this action are not diverse. Therefore, this court declines to exercise supplemental jurisdiction over Plaintiff’s state law claims to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 282 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). ORDER It is hereby ORDERED that Counts VI, VII, VIII, IX and X are DISMISSED. s/John Corbett O'Meara United States District Judge Date: February 16, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, February 16, 2017, using the ECF system. s/William Barkholz Case Manager 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?