Opinion
C.A. No.: CPU5-14-000682
01-23-2017
RE: Nina Shahin v. Dover Police Officer Dale Boney, Badge #10216, et al.
CHARLES W. WELCH, III JUDGE Ms. Nina Shahin
103 Shinnecock Road
Dover, DE 19904 Daniel A. Griffith, Esq.
Whiteford, Taylor & Preston, LLC
The Renaissance Centre, Suite 500
405 North King Street
Wilmington, DE 19801 Decision on Plaintiff's "Election" for Initiation of the Process to Transfer the Case to Federal Court for the District of Delaware Dear Ms. Shahin and Mr. Griffith:
The Court has reviewed the Plaintiff's Motion, termed "Election," for Initiation of the Process to Transfer the Case to Federal Court for the District of Delaware under 10 Del. C. § 1902 and 42 U.S.C. § 1983, that was filed with the Court on August 19, 2016, along with all of the parties' arguments made thereon. Please be advised that the plaintiff's motion is denied.
As explained in the Court's order of July 19, 2016, the first mention of a 42 U.S.C. § 1983 claim by the plaintiff was in the plaintiff's Response to the Court's Order for Additional Argument concerning the defendant's immunity defense under The County Municipal Tort Claims Act. The Court disregarded the plaintiff's § 1983 claim because it was improper and outside the scope of the Court's Order (and case). Next, the plaintiff requested to transfer the case to the United States District Court for the District of Delaware pursuant to 10 Del. C. § 1902. The plaintiff's request was denied due to the fact that the plaintiff's claim had been adjudicated and that the plaintiff failed to follow proper procedure for bringing a claim in Federal Court.
Please be advised that nothing contained in the plaintiff's arguments since the Court's July 19, 2016, order is sufficient to have the Court change or modify its ruling. Removal of actions from courts lacking jurisdiction under 10 Del. C. § 1902, only provides an avenue for the transfer of civil cases between State courts for lack of civil jurisdiction. Section 1902 does not provide for the transfer of cases to federal courts. The only avenue for the plaintiff to pursue her § 1983 claim at this time would be to file it in a court of competent jurisdiction.
The Court also notes that the plaintiff's claim against defendant Dale Boney for this case has been dismissed. Therefore, there is no claim against him to transfer.
IT IS SO ORDERED.
Sincerely,
/s/
Charles W. Welch, III CWW:mek
pc: Reneta L. Green-Streett, Esq.