Rowell v. Muskogee County Board of County Commissioners et al

Filing 123

ORDER by Judge Ronald A. White granting in part defendant Muskogee Board of County Commissioners' motion for summary judgment ( 85 Motion for Summary Judgment ), dismissing plaintiff's federal claim and remanding plaintiff's state law claim to District Court for Muskogee County and deeming as moot all remaining pending motions ( 92 Motion in Limine; 93 Motion in Limine; 94 Motion in Limine; 95 Motion to Exclude; 96 Motion to Exclude) (lal, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
ZACHARY ROWELL, as Special
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Administrator in the matter of the estate )
of Marvin A. Rowell, and individually,
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Plaintiff,
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v.
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BOARD OF COUNTY
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COMMISSIONERS OF MUSKOGEE )
COUNTY, OKLAHOMA, et al.,
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)
)
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Defendants.
)

Case No. CIV-18-125-RAW

ORDER
Before the court is the motion of defendant Board of County Commissioners of
Muskogee County for summary judgment. This lawsuit commenced in the District Court for
Muskogee County. The case was removed to this court by defendant on April 20, 2018.
Plaintiff Zachary Rowell (“Zachary”) filed a third amended complaint (#45) on July 18,
2018.
Plaintiff brings a claim against the Board pursuant to 42 U.S.C. §1983 and a state-law
a claim pursuant to Art. 2, §30 of the Oklahoma Constitution. In a companion order, the
court described the factual record and granted the motion for summary judgment of
defendant Dakota West. The court found that, even viewing the record in the light most

favorable to the plaintiff, West did not commit a constitutional violation. Accordingly, the
§1983 claim against the Board necessarily fails. See Burke v. Regalado, 935 F.3d 960, 1010
(10th Cir.2019)(citing Martinez v. Beggs, 563 F.3d 1082 (10th Cir.2009)).
Accordingly, only a state-law claim remains pending against the Board. “When all
federal claims have been dismissed, the court may, and usually should, decline to exercise
jurisdiction over any remaining state claims.” Smith v. City of Enid, 149 F.3d 1151, 1156
(10th Cir.1998). See 28 U.S.C. §1367(c)(3). As this case was removed from state court, the
state-law claim will be remanded.
It is the order of the court that the motion for summary judgment of defendant
Muskogee Board of County Commissioners (#85) is hereby granted in part. Plaintiff’s
federal claim is dismissed. Plaintiff’s state-law claim is remanded to the District Court for
Muskogee County, State of Oklahoma. All other pending motions are deemed moot.

IT IS SO ORDERED this 22nd day of OCTOBER, 2019.

_________________________________
RONALD A. WHITE
UNITED STATES DISTRICT JUDGE

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