Opinion
22-11060
06-03-2022
JOEL VANDERLINDEN, Plaintiff, v. CITY OF WARREN, MAYOR JAMES FOUTS, JERRY BELL, and JOHN DOES, Defendants.
ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS
Nancy G. Edmunds United States District Judge
Plaintiff Joel Vanderlinden brings this civil rights lawsuit against the City of Warren; its Mayor, James Fouts; a number of Warren police officers (“John Does”); and Jerry Bell. Plaintiff brings federal claims under 42 U.S.C. § 1983 and 42 U.S.C. § 1985 but also brings state law claims for false arrest and malicious prosecution.
Because the parties to this matter are non-diverse, 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)(4); Moor v. Cty. of Alameda, 411 U.S. 693, 716 (1973); Padilla v. City of Saginaw, 867 F.Supp. 1309, 1315 (E.D. Mich. 1994). Thus, pursuant to § 1367(c), the state law claims in Counts III and V of Plaintiff's complaint are hereby DISMISSED WITHOUT PREJUDICE. The Court will retain jurisdiction over Plaintiff's federal claims only.
SO ORDERED.