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)

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

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