Opinion
Civil Action No. 11-cv-01892-CMA-KLM.
September 12, 2011
ORDER GRANTING MOTION TO REMAND TO ADAMS COUNTY, COLORADO, DISTRICT COURT
This matter is before the Court on Plaintiff Jennifer Perinn's Motion to Remand to Adams County, Colorado District Court (Doc. # 29) ("Motion to Remand'). For the following reasons, the Motion is granted.
I. BACKGROUND
This action arises from an incident that occurred on May 6, 2010, during which Commerce City Police Officers allegedly fired nineteen shots in a residential area, killing a man believed to be extremely dangerous and injuring Plaintiff. (Doc. # 34.)On May 5, 2011, Plaintiff filed a Complaint in Adams County District Court, asserting two claims for relief resulting from violations of 42 U.S.C. § 1983 and one claim for assault and battery against the above-captioned Defendants, as well as the Commerce City Police Department, Chief Phillip Baca, and Commerce City Police Officers Eric Ewing, Jeremy Jenkins, Kevin Lord, Rob McCoy, Walkinshaw, and Brandon Zborowski. (Doc. # 1-2.) On June 23, 2011, Plaintiff filed an Amended Complaint (Doc. # 1-4).
On July 20, 2011, Defendant City of Commerce City filed a Verified Notice of Removal, removing the Adams County District Court action on grounds that this Court has original jurisdiction over Plaintiff's federal claims. (Doc. # 1.) On August 22, 2011, Plaintiff filed a Motion for Leave to File Amended Complaint and a proposed second amended Complaint, which Motion was referred to United States Magistrate Judge Kristen L. Mix. (Doc. ## 28, 30.) That same day, Plaintiff also filed the instant Motion to Remand, seeking remand to state court on grounds that the second amended complaint does not contain any federal claims. (Doc. # 29.)
On August 23, 2011, Magistrate Judge Mix granted Plaintiff's Motion and accepted the Second Amended Complaint ("Complaint"), which alleges two claims for relief: assault and battery and intentional infliction of emotional distress. (Doc s. ## 33, 34.)
II. ANALYSIS
Pursuant to 28 U.S.C. § 1331, "district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treatises of the United States." Additionally, district courts "shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interests or costs, and is between" parties of diverse citizenship. 28 U.S.C. § 1332(a)(1). "[A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant[.]" 28 U.S.C. § 1441(a).
In the instant case, the Court lacks original jurisdiction over Plaintiff's claims. Neither of Plaintiff's claims arise under the Constitution, laws, or treatises of the United States, and the parties are all citizens of Colorado. Therefore, the Court finds that remand of this action to state court is warranted.
III. CONCLUSION
Accordingly, IT IS ORDERED THAT:
(1) Plaintiff's Motion to Remand to Adams County, Colorado District Court (Doc. # 29) is GRANTED; and
(2) This matter is REMANDED in its entirety to the District Court for Adams County, Colorado.