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Puffpaff v. Labish, 18-10453. (2018)

Court: District Court, E.D. Michigan Number: infdco20180308a17 Visitors: 15
Filed: Mar. 07, 2018
Latest Update: Mar. 07, 2018
Summary: ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS NANCY G. EDMUNDS , District Judge . Plaintiff filed this civil rights lawsuit against two officers employed by the Macomb County Sheriff's Office and Macomb County. The Complaint alleges violations of the United States Constitution and 42 U.S.C. 1983. Additionally, there are two state law claims arising under Michigan law. Seeing as the parties to this matter are non-diverse, this Court declines to exercise supplemental jurisdiction over the
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ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS

Plaintiff filed this civil rights lawsuit against two officers employed by the Macomb County Sheriff's Office and Macomb County. The Complaint alleges violations of the United States Constitution and 42 U.S.C. § 1983. Additionally, there are two state law claims arising under Michigan law.

Seeing as the parties to this matter are non-diverse, this Court declines to exercise supplemental jurisdiction over the latter claims so as to avoid jury confusion. See 28 U.S.C. § 1367(c); Moor v. Alameda Cnty., 411 U.S. 693, 716 (1973); Padilla v. City of Saginaw, 867 F.Supp. 1309, 1315 (E.D. Mich. 1994). Thus, pursuant to 28 U.S.C. § 1367(c), all of Plaintiff's claims based on state law, including all claims found in Counts Three through Four, are hereby DISMISSED WITHOUT PREJUDICE. This Court will retain jurisdiction over Plaintiff's federal claims only.

SO ORDERED.

Source:  Leagle

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