Opinion
Case No. 11-15249
03-08-2012
BERT MAJORS, Plaintiff, v. CITY OF BLOOMFIELD HILLS, THOMAS VAN SIMAEYS, and DANIEL TELFER, in their individual and official capacities, Defendants.
Honorable John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
Plaintiff Bert Majors filed a four-count complaint in this court alleging the following causes of action: violations of 42 U.S.C. § 1983 for excessive force in Count I; assault and battery in Count II; gross negligence in Count III; and other constitutional violations in Count IV. Although Plaintiff's federal causes of action are cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations in Counts II and III present claims based solely on state law. This court declines to exercise supplemental jurisdiction over Plaintiff's state law claims in order to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); and Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). Accordingly, it is hereby ORDERED that Counts II and III are DISMISSED.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, March 8, 2012, using the ECF system.
William Barkholz
Case Manager