Opinion
Case No. 12-13736
10-02-2012
JAMES MATHIS, Plaintiff, v. CITY OF DETROIT, et al., Defendants.
Hon. John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
On August 23, 2012, Plaintiff filed his complaint alleging the following causes of action: Count I, violation of the Fourth Amendment (excessive force) pursuant 42 U.S.C. § 1983; Count II, assault and battery; Count III, violation of Fourth Amendment (search and seizure); Count IV, false arrest/imprisonment; Count V, violation of Fourth Amendment (malicious prosecution); Count VI, malicious prosecution; Count VII, municipal liability pursuant to § 1983; and Count VIII, gross negligence.
Although Counts I, III, V, and VII are cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based on state law. This court declines to exercise supplemental jurisdiction over Plaintiff's state law claims so as to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994).
Accordingly, IT IS HEREBY ORDERED that Counts II, IV, VI, and VIII of Plaintiff's complaint 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, October 2, 2012, using the ECF system.
William Barkholz
Case Manager