Opinion
21-11657
09-10-2021
JOHN VORGITCH, Plaintiff, v. CITY OF HARPER WOODS, et al., Defendants.
ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS
Nancy G. Edmunds United States District Judge
Plaintiff John Vorgitch brings this civil rights lawsuit against the City of Harper Woods; its Director of Public Safety, Vincent Smith; and its Acting City Manager, John Szymanski. Plaintiff alleges violations of the United States Constitution and 42 U.S.C. § 1983. He also brings state law claims of false light, intentional infliction of emotional distress, and defamation.
Since 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), all of Plaintiff's claims based on state law, including the claims found in Counts III, IV, and V of his complaint, are hereby DISMISSED WITHOUT PREJUDICE.
The Court will retain jurisdiction over Plaintiff's federal claims only.
SO ORDERED.