WACKER et al v. Sun Prairie Area School District et al

Filing 4

ORDER remanding case to Dane County Circuit Court. Signed by Judge Barbara B Crabb on 10/30/07. (krj)

WACKER et al v. Sun Prairie Area School District et al

Doc. 4

Case: 3:07-cv-00611-bbc

Document #: 4

Filed: 10/30/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------D AW N J. WACKER, mother and natural guardian of Spencer L. Houk,, ORDER Plaintiff, 0 7 -C -6 1 1 -C v. S U N PRAIRIE AREA SCHOOL DISTRICT and JIM McCLOWRY, Athletic & Activities Director, D efendan ts. --------------------------------------------This civil action was removed from the Circuit Court for Dane County to federal co urt by defendants Sun Prairie Area School District and Jim McClowry and set for hearing on plaintiff's motion for preliminary injunction on October 26, 2007 before United States D i strict Judge Barbara B. Crabb. David Lasker appeared for plaintiff, who was also present in person. Dave Rohrer and Joanne Harmon Curry appeared for defendants. At the outset of the hearing, Mr. Lasker informed the court and opposing counsel that he did not believe that removal was proper. Plaintiff had alleged a violation of her son's "con stitution al right to due process" without specifying whether the claim arose under state o r federal constitution. Mr. Lasker stated that it was plaintiff's intent to proceed only on

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Dockets.Justia.com

Case: 3:07-cv-00611-bbc

Document #: 4

Filed: 10/30/2007

Page 2 of 2

a state constitutional claim. Mr. Rohrer noted his surprise that Mr. Lasker had not informed him earlier that plaintiff was not raising a federal claim and that had Mr. Lasker done so either orally or by making it plain in the complaint, defendants would not have removed the case to federal court. Mr. Rohrer conceded that if plaintiff was raising only a state

co n stitu tio n al issue, defendants had no ground on which to move for removal and could not op po se remand of the case. In light of plaintiff's clarification of her constitutional claim, I find that no federal q uestio n is involved in this case. Accordingly, it is REMANDED to the Circuit Court for D a n e County, Wisconsin. E n tered this 30th day of October, 2007. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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