Ford v. State of Washington et al

Filing 24

ORDER REMANDING CASE. All case deadlines ARE STRICKEN. The case IS REMANDED to Thurston County, Washington Superior Court. Signed by Judge Robert J. Bryan. (JL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. 18-5126 RJB

KARL LEE FORD,
Plaintiff,
v.

ORDER REMANDING CASE

STATE OF WASHINGTON,
DEPARTMENT OF CORRECTIONS,
LES PARRON and JANE DOE PATTON
and their marital community, LARS
CARLSEN and JANE DOE CARLSEN,
and their marital community,
Defendants.

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This matter comes before the Court on the undersigned’s order to show cause, if any they

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had, why the remaining state law claims should not be remanded to Thurston County,

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Washington Superior Court. Dkt. 22. The Court has considered the responses to the order to

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show cause and the remaining file.

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ORDER REMANDING CASE - 1

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This case arises from a life without the possibility of parole prison sentence that Plaintiff

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alleges was imposed because of an error in a presentence investigation report. Dkt. 1. Plaintiff

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asserted the Community Corrections Officer, Les Patton, who created the report, and his

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supervisor Lars Carlsen, who signed off on the report, violated Plaintiff’s federal constitutional

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due process rights. Id. Plaintiff also makes state claims against all Defendants for negligence,

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negligent and intentional infliction of emotional distress, and unlawful imprisonment. Id.

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Plaintiff seeks damages, attorney’s fees, and costs. Id.

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On April 12, 2018, all Plaintiff’s federal claims were dismissed. Dkt. 22. For the reasons
provided below, this case should be remanded to Thurston County, Washington.

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I.

FACTS

The facts are in the April 12, 2018 Order on Defendants’ Motion to Dismiss and

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Plaintiff’s Motion Amend (Dkt. 22) and are adopted here by reference. Plaintiff’s state law

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claims remain.

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II.

DISCUSSION

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STATE LAW CLAIMS AND EXERCISE OF SUPPLEMENTAL JURISDICTION

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Pursuant to 28 U.S.C. § 1367 (c), district courts may decline to exercise supplemental

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jurisdiction over a state law claims if: (1) the claims raise novel or complex issues of state law,

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(2) the state claims substantially predominate over the claim which the district court has original

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jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction,

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(4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.

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“While discretion to decline to exercise supplemental jurisdiction over state law claims is

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triggered by the presence of one of the conditions in § 1367 (c), it is informed by the values of

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ORDER REMANDING CASE - 2

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economy, convenience, fairness, and comity.” Acri v. Varian Associates, Inc., 114 F.3d 999,

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1001 (9th Cir. 1997)(internal citations omitted).

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Here, two of the four conditions in § 1367(c) are present. As above, all Plaintiffs’ federal

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claims have been dismissed. Accordingly, this Court has “dismissed all claims over which it has

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original jurisdiction,” and so has discretion to decline to exercise supplemental jurisdiction over

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the state law claims under § 1367(c)(3). Moreover, the remaining state claims “raise novel or

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complex issues of state law” under § 1367(c)(1); complex issues for which the state court is

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uniquely suited. Because state courts have a strong interest in enforcing their own laws, See

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Carnegie-Mellon University v. Cohill,484 U.S. 343, 352 (1988), the value of comity is served by

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this Court declining jurisdiction. Further, the values of economy, convenience, and fairness may

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well be served by this Court’s declining to exercise supplemental jurisdiction. See Acri at 1001.

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All remaining deadlines should be stricken and the case should be remanded to Thurston County

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Washington Superior Court.

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III.

ORDER

Therefore, it is hereby ORDERED that:

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•

All case deadlines ARE STRICKEN;

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The case IS REMANDED to Thurston County, Washington Superior Court.

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and
to any party appearing pro se at said party’s last known address.
Dated this 11th day of May, 2018.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER REMANDING CASE - 3