Turpen v. Washington State Patrol et al

Filing 22

ORDER DISMISSING CASE, granting 21 Stipulated Motion. Case remanded to Spokane County Superior Court. Case is CLOSED. Signed by Judge Stanley A Bastian. (LR, Case Administrator)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 8 LISA TURPEN, a single person, No. 2:15-cv-00289-SAB Plaintiff, 9 v. 10 ORDER DISMISSING CASE 11 STATE OF WASHINGTON, by and 12 through the WASHINGTON STATE 13 PATROL; ERICA GRAHAM, 14 individually; and TRAVIS MAETHESON, 15 individually, Defendants. 16 17 Before the Court is the parties’ Stipulated Motion to Dismiss Disability 18 19 Discrimination, Fourth Amendment Violations, and Fourteenth Amendment 20 Violations Claims and Remand to State Court, ECF No. 21. Pursuant to Fed. R. 21 Civ. P. 41(a)(2) the parties jointly agree to the dismissal with prejudice of 22 Plaintiff’s discrimination claims under 42 U.S.C. § 12101 and of constitutional 23 claims under 42 U.S.C. § 1983. These dismissals deprive the Court of jurisdiction, 24 and thus Plaintiff’s remaining claims under Washington statute and common law 25 will be remanded to Spokane County Superior Court. 26 // 27 // 28 // ORDER DISMISSING CASE ^ 1 1 Accordingly, IT IS HEREBY ORDERED: 2 1. The parties’ Stipulated Motion to Dismiss Disability Discrimination, 3 Fourth Amendment Violations, and Fourteenth Amendment Violations Claims and 4 Remand to State Court, ECF No. 21, is GRANTED and ENTERED into the 5 record. 6 2. Plaintiff’s federal causes of action for (1) discrimination under 42 U.S.C. 7 § 12101; (2) violations of property interests under the Fourth and Fourteenth 8 Amendment pursuant to 42 U.S.C. § 1983; and (3) violations of liberty interests 9 under the Fourteenth Amendment pursuant to 42 U.S.C. § 1983 are DISMISSED 10 WITH PREJUDICE. 11 3. Because this Court no longer possesses jurisdiction, Plaintiff’s civil 12 action, which alleging claims for discrimination under RCW 49.60 and common 13 law claims for wrongful discharge in violation of public policy; hostile work 14 environment; infliction of emotional distress; outrage; and vicarious liability, is 15 hereby REMANDED to Spokane County Superior Court under Cause No. 15-216 04042-6. 17 IT IS SO ORDERED. The District Court Executive is hereby directed to 18 file this Order, provide copies to counsel, CLOSE the file, and REMAND the 19 case to Spokane County Superior Court. 20 DATED this 19th day of June, 2017. 21 22 23 24 25 Stanley A. Bastian 26 United States District Judge 27 28 ORDER DISMISSING CASE ^ 2

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