Opinion
Case No. 05-73416.
March 15, 2006
ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS
Plaintiff filed her Complaint on September 5, 2005. Plaintiff's Complaint contains the following four counts:
Count I Violation of 42 U.S.C. § 1983 Count II Assault and Battery Count III Intentional Infliction of Emotional Distress Count IV Gross Negligence
The Court has subject matter jurisdiction over Plaintiff's federal claim (Count I), because it arises under federal law. See 28 U.S.C. § 1331. Counts II through IV, however, are based upon state law. Although the Court has supplemental jurisdiction over state law claims pursuant to 28 U.S.C. § 1367(a), the Court may decline to exercise supplemental jurisdiction if there are "compelling reasons for declining jurisdiction." See 28 U.S.C. § 1367(c)(4). The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims in this matter. The Court finds that the contemporaneous presentation of Plaintiff's parallel state claims for relief will result in the undue confusion of the jury. See 28 U.S.C. § 1367(c)(4); see also Padilla v. City of Saginaw, 867 F. Supp. 1309, 1315 (E.D. Mich. 1994).
Accordingly, IT IS ORDERED that Plaintiff's state law claims of Assault and Battery (Count II), Intentional Infliction of Emotional Distress (Count III), and Gross Negligence (Count IV) are hereby DISMISSED without prejudice. The Court retains jurisdiction over Plaintiff's federal claim of Violation of 42 U.S.C. § 1983 (Count I).
IT IS SO ORDERED.