Opinion
Civil Action 04-3285.
August 11, 2004
MEMORANDUM
Plaintiff Peter Carter filed a Complaint against the above named Defendants in the Court of Common Pleas of Montgomery County, PA on June 3, 2004. Defendants removed the action to this Court on July 9, 2004. Plaintiff moved to remand the action back to state court on July 21, 2004 and Defendants filed a responsive brief on August 9, 2004. Plaintiff contends that his Complaint contains state law claims arising from the Defendants' alleged failure to provide medical care and, thus, removal is not proper. Defendants claim that Plaintiff states a claim under 42 U.S.C. § 1983 and, thus, is properly removed to federal court.
An examination of Plaintiff's Complaint reveals the following allegation in Count Two:
"25. At all time [sic] relevant all defendants knowingly violated plaintiffs [sic] 8th and 14th amendments to the United States Constitution pursuant to 42 U.S.C. section 1983, ant [sic] the Statutes and constitution of the commonwealth of Pennsylvania."
(Complaint at 9). This language undoubtedly states a federal cause of action. Although the Court notes that the Plaintiff contends that he is raising causes of action in tort, and that these causes of action are state law ones, the fact that Plaintiff has pled a claim under 42 U.S.C. § 1983 properly gives this Court jurisdiction over the entire case, pursuant to 28 U.S.C. § 1331. Thus, Plaintiff's Motion to Remand will be denied.
An appropriate order follows.