Aaron J. Clarke v. State of Oklahoma, City of Tulsa

CourtDistrict Court, N.D. Oklahoma
DecidedMarch 30, 2026
Docket4:25-cv-00279
StatusUnknown

This text of Aaron J. Clarke v. State of Oklahoma, City of Tulsa (Aaron J. Clarke v. State of Oklahoma, City of Tulsa) is published on Counsel Stack Legal Research, covering District Court, N.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aaron J. Clarke v. State of Oklahoma, City of Tulsa, (N.D. Okla. 2026).

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

AARON J. CLARKE, ) ) Plaintiff, ) ) v. ) Case No. 25-CV-0279-CVE-CDL ) STATE OF OKLAHOMA, ) CITY OF TULSA, ) ) Defendants. )

OPINION AND ORDER

Plaintiff Aaron J. Clarke, a self-represented litigant,1 filed a “Section 1983 complaint” in Tulsa County District Court, Case No. CJ-2025-1955, on May 5, 2025, alleging defendants City of Tulsa (“City”) and State of Oklahoma (“State”) violated his federal and state constitutional rights and asserting state tort claims. Dkt. # 2-1. One week later, he filed a “Civil Complaint for the Violations of Intentional Torts,” reasserting his federal and state constitutional claims and refining his state tort claims. Dkt. # 2-3; Dkt. # 11. Defendant City of Tulsa (“City”) removed the case to federal court under 28 U.S.C. §§ 1331, 1441(a), and 1446, by filing a notice of removal on June 5, 2025. Dkt. # 2. Before the Court are: (1) Mr. Clarke’s motions to remand (Dkt. ## 7, 9), the City’s response (Dkt. # 17), and Mr. Clarke’s reply (Dkt. # 18); (2) the City’s motion to dismiss (Dkt. # 8), Mr. Clarke’s response (Dkt. # 15), the City’s reply (Dkt. # 20), and Mr. Clarke’s

1 Because Mr. Clarke appears without counsel, the Court liberally construes his filings. Ogden v. San Juan Cnty., 32 F.3d 452, 455 (10th Cir. 1994). But his status as a self-represented litigant “does not excuse the obligation . . . to comply with the fundamental requirements of the Federal Rules of Civil . . . Procedure” or the applicable local civil rules. Id.; LCvR17-1(d). surreply (Dkt. # 23);2 (3) Mr. Clarke’s motion to supplement (Dkt. # 24); (4) the City’s motion to strike plaintiff’s supplemental complaint (Dkt. # 16) and Mr. Clarke’s response (Dkt. # 19); (5) Mr. Clarke’s motion for summary judgment (Dkt. # 12); (6) the City’s motion to strike plaintiff’s motion for summary judgment or, in the alternative, stay a response to the motion for summary

judgment (Dkt. # 21), and Mr. Clarke’s response (Dkt. # 25); and (7) Mr. Clarke’s motion for access (Dkt. # 22).3 I. Motions to remand Mr. Clarke contends, for several reasons, that removal is improper and that this Court should remand this case to state court. Dkt. ## 7, 9, 18. The City contends removal is proper and opposes remand. Dkt. # 17. A. Legal standards Removal to federal court is permitted for “any civil action brought in a State court of which the district courts of the United States have original jurisdiction.” 28 U.S.C. § 1441(a). District courts have “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties

2 Mr. Clarke timely responded to the City’s motion to dismiss on June 30, 2025. (Dkt. # 15). He filed a second, untimely response to that motion on August 6, 2025 (see Dkt. # 23, docketed as a surreply), and filed a motion to supplement on August 20, 2025, seeking leave under Federal Rule of Civil Procedure 15(d) “to file a supplement response” to the motion to dismiss (Dkt. # 24). Mr. Clarke’s surreply is an unauthorized supplemental brief and shall be stricken. See LCvR7-1(f) (requiring leave of court to file supplemental brief). Mr. Clarke’s motion to supplement appears to seek leave either to supplement his timely response or the surreply or to file an additional response to the motion to dismiss. Dkt. # 24. The Court denies the motion to supplement because Rule 15(d) governs supplemental pleadings, and a supplemental brief is not a pleading. See Fed. R. Civ. P. 7(a) (listing documents that are pleadings). 3 Mr. Clarke’s motion for access is not a model of clarity. He “requests access to Pacer and/or court records due to being indigent” and asserts “the Court has granted leave to the Plaintiff.” Dkt. # 22. Because nothing in the record suggests that Mr. Clarke has been deprived of access to court records and he requests no specific court records, the Court denies the motion for access. of the United States.” 28 U.S.C. § 1331. Because federal courts have limited jurisdiction, “there is a presumption against removal, and courts must deny such jurisdiction if not affirmatively apparent on the record.” Okla. Farm Bureau Mut. Ins. Co. v. JSSJ Corp., 149 F. App’x 775, 778 (10th Cir. 2005).4

To remove a state case to federal court a defendant must file a notice of removal “within [thirty] days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within [thirty] days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.” 28 U.S.C. § 1446(b)(1). If the defendant removes the civil action “solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.” 28 U.S.C. § 1446(b)(2)(A). But it is “not necessary for defendants to obtain the consent of unserved defendants before filing a notice of removal.” Coppedge v. Cabot Norit Americas, Inc., No. 19-CV-705-CVE-FHM, 2020 WL 967339, at *2 (N.D. Okla. Feb. 27, 2020)

(unpublished); see also Howard v. Bostrom, No. 07-CV-0548-CVE-PJC, 2007 WL 3046446, at *1 (N.D. Okla. Oct. 16, 2007) (unpublished) (gathering cases and noting that § 1446(b)(2)(A) requires consent to removal only from defendants who have been properly joined and properly served). After removal, “[a] motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within [thirty] days after the filing of the notice of removal under section 1446(a).” 28 U.S.C. § 1447(c); see Huffman v. Saul Holdings, Ltd. P’ship, 194 F.3d 1072, 1076 (10th Cir. 1999) (“[T]here are two types of improperly removed cases: those

4 The Court cites this and other unpublished decisions herein as persuasive, not precedential, authority. FED. R. APP. P. 32.1; 10th. Cir. R. 32.1. in which the federal court has no subject matter jurisdiction and those with defects in the removal procedure itself.”). B. Analysis Mr. Clarke contends removal is improper because: (1) there is no basis for this Court to

exercise federal question jurisdiction; (2) the State was properly served and did not consent to removal; (3) this Court should abstain from interfering in an ongoing state court proceeding; (4) the City removed the case to avoid liability for state tort claims; and (5) without remand, Mr. Clarke’s claims will be subject to dismissal because he asserted claims based on the same set of facts in a prior civil action filed in this court. Dkt. ## 7, 9, 18. 1.

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Aaron J. Clarke v. State of Oklahoma, City of Tulsa, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaron-j-clarke-v-state-of-oklahoma-city-of-tulsa-oknd-2026.