Johnson v. City of Detroit et al

Filing 8

ORDER OF PARTIAL DIMISSAL as to Counts III, IV, and V of 5 Amended Complaint filed by Dewan Johnson. Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEWAN JOHNSON, Case No. 17-11031 Plaintiff, Honorable John Corbett O’Meara v. CITY OF DETROIT and WILLIAM MORRISON, jointly and severally, Defendants. / ORDER OF PARTIAL DISMISSAL Plaintiff Dewan Johnson recently filed an amended, five-count complaint in this court alleging the following causes of action: Count I, violations of 42 U.S.C. § 1983; Count II, violations of 42 U.S.C. § 1983 for failure to train; Count III, assault; Count IV, intentional infliction of emotional distress; and Count V, conversion. Although the two counts arising under federal law are cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations presented in Counts III, IV and V 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 III, IV V are DISMISSED. s/John Corbett O'Meara United States District Judge Date: June 2, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, June 2, 2017, using the ECF system. s/William Barkholz Case Manager 2

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