Opinion
Case No. 10-11445
04-13-2012
ESTATE OF DONALD J. HOUSEY, through personal representative, MITCHELL J. HOUSEY, Plaintiff, v. MACOMB COUNTY, a municipal corporation, MARK S. SWITALSKI, in his individual and official capacities, and KATHRYN GEORGE, in her individual and official capacities, Defendants.
HON. AVERN COHN
ORDER DISMISSING COUNTS II AND III OF PLAINTIFF'S COMPLAINT (DOC. 1)
This is a wrongful discharge case. Plaintiff Donald Housey claims he was wrongfully terminated from his position as the Macomb County Probate Court Administrator. The complaint is in four (4) counts; (I) Violation of 42 U.S.C. §1983 Due Process; (II) Wrongful Discharge- Breach of Contract and Legitimate Expectations; (III) Violation of Michigan's Whistleblower Protection Act (WPA); and (IV) Violation of 42 U.S.C. §1983 Free Speech. For the reasons stated on the record at the hearing held April 12, 2012, the Court declines to exercise supplemental jurisdiction of Housey's state law claims. Accordingly, counts (II) and (III) are DISMISSED without prejudice.
SO ORDERED.
______________________
AVERN COHN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, Friday, April 13, 2012, by electronic and/or ordinary mail.
Julie Owens
Case Manager, (313) 234-5160