Doe v. City of Albuquerque

Filing 1

NOTICE OF REMOVAL by Albuquerque,City of from Second Judicial District Court, case number CV 2008-10657. ( Filing Fee - Deliver Payment), filed by Albuquerque,City of. (Attachments: # 1 Exhibit Exhibit A - Complaint)(Wheeler, Gregory)

Doe v. City of Albuquerque

Doc. 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

JOHN DOE, Plaintiff, v. CITY OF ALBUQUERQUE, Defendant. No. _______________

NOTICE OF REMOVAL Pursuant to 29 U.S.C. §§ 1441(b) and 1446(a), Defendant City of Albuquerque gives Notice of Removal to this Court of the civil action originally filed on October 9, 2008, in the Second Judicial District Court for the State of New Mexico, County of Bernalillo, Case No. CV 2008-10657, captioned John Doe v. City of Albuquerque, and as grounds therefore states: 1. A Complaint for Injunctive and Declaratory Relief, (hereinafter the complaint)

was filed with the Second Judicial District Court on October 9, 2008. A copy of the Complaint is attached as Exhibit A. 2. 2008. 3. The Complaint alleges that Defendant City violated his rights of free speech, The proceeding was served on Defendant City of Albuquerque on October 9,

substantive and procedural due process, and equal protection under the United States and New Mexico Constitutions, and seeks relief pursuant to federal law, 42 U.S.C. §§1983, 1988, and New Mexico statutes.

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Dockets.Justia.com

4.

Pursuant to 28 U.S.C. §1446(d), copies of the Notice of Removal will be

promptly given to all adverse parties and a copy of the Notice of Removal will be filed with the Clerk of the Second Judicial District Court, County of Bernalillo, State of New Mexico. 5. Claims stated against Defendant City of Albuquerque in this case are subject to

the jurisdiction of this Court: a. This Court has original jurisdiction because the Complaint is founded on a

claim or right arising under the Constitution and the laws of the United States. See Complaint ¶¶ 4, 14-24. b. An actual controversy exists because the Complaint alleges that

Defendants deprived plaintiff of rights arising under the United States Constitution. 6. This Court has federal question jurisdiction. Plaintiffs' allegation of a violation of

their constitutional rights is created, if at all, under federal law. A federal question appears on the face of the Complaint. There is an actual controversy between Plaintiff and Defendant City of Albuquerque. 7. Service was made on October 9, 2008 and this complaint is timely removed under

28 U.S.C. § 1443(b). 8. Federal Court. 9. A copy of all process and pleadings that have been served upon City Defendant is All Defendants consent to the removal of the case from the State Court to the

attached to the Notice of Filing of State Court Record which is filed contemporaneously with this Notice of Removal.

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Respectfully Submitted, CITY OF ALBUQUERQUE Robert M. White City Attorney

/s/ Gregory S. Wheeler_________ Peter H. Pierotti Gregory S. Wheeler Attorney for City Defendants P. O. Box 2248 Albuquerque, New Mexico 87l03 [phone]

I hereby certify that an electronic copy of the foregoing was sent via e-mail to the following counsel of record on November 6, 2008:

Brendan Egan Esq. [e-mail] George Bach, Esq. [e-mail] Maureen A. Saunders [e-mail]

____/s/______________________ Gregory S. Wheeler Assistant City Attorney

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