Chamblin v. Soltani

Opinion

Chamblin v. Soltani CV-93-210-SD 06/08/95 UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

John Chamblin

v. Civil No. 93-210-SD

Tony Soltani, individually

O R D E R

By medium of order dated May 8, 1995, this court granted

defendants' motion for summary judgment1 in its entirety save for

the claims asserted against defendant Tony Soltani in his

individual capacity.2

Presently before the court is Soltani's motion for

reconsideration, to which no objection has been filed.

1As of said date, the named defendants included the Towns of Northwood and Epsom, New Hampshire, as well as the following individuals: John E. Allen; Ed Bryant, Jr.; Louis St. Pierre; Marlyn R.P. Flanders; G. Fred Jacobs; Anthony Soltani; and Craig Maloney.

2As the court then noted, neither the docket nor the motion then under consideration indicated with sufficient clarity whether Soltani, in his individual capacity, was represented by Attorney Upton. Accordingly, the court's ruling only addressed the claims against Soltani in his official capacity as a police officer for the Town of Northwood. Soltani's state-law counterclaims for assault and battery were likewise unaffected by said ruling. Discussion

1. Modification of May 8, 1995, Order

As part of the May 8, 1995, order, the court found and ruled

"that defendant[] Soltani [is] entitled to qualified immunity

with regard to [his] actions in effecting the arrest of

plaintiff." Order of May 8, 1995, at 35. However, due to the

aforementioned uncertainty regarding the nature and extent of his

representation at that time, see supra note 2, the court did not

grant summary judgment in his favor with respect to the

individual capacity claims.

In moving for reconsideration, Soltani indicates that

1. The [November 1, 1994] Motion for Summary Judgment was submitted on behalf of all of the Defendants individually and in their official capacities, including the Defendant Tony Soltani (See Defendants' Motion for Summary Judgment, Paragraph 4 and Memorandum of Law in Support of Motion for Summary Judgment, p. 18-24. 2. The filing of an Appearance by Tony Soltani, Esq. in his official capacity was in addition to the representation of Soltani as a defendant by Robert Upton II, Esq. and not in lieu thereof. (See Pretrial Statement of Tony F. Soltani, Paragraph N.) 3. Participation in this action by Tony Soltani, Esq. was solely for the purpose of prosecuting his counterclaims for assault and battery.

Soltani's Motion for Reconsideration at 1.

Upon review and reconsideration of the docket in this

matter, defendants' November 1, 1994, motion for summary

2 judgment, as well as the May 8, 1995, order, the court is

satisfied with the averments now made and accordingly finds and

rules that said November 1, 1994, motion for summary judgment was

intended to reach the claims against Officer Soltani in his

individual capacity. In accordance with said finding, the court

herewith grants summary judgment on behalf of defendant Soltani,

in his individual capacity, with respect to plaintiff's 42 U.S.C.

§ 1983 claims.

2. State-Law Claims and Counterclaims

As a conseguence of today's ruling, plaintiff's federal

claims are extinguished in their entirety and his state-law

claims have lost their jurisdictional footing. Soltani's

counterclaims, with respect to this federal forum, are placed in

a similarly dubious position. See 28 U.S.C. § 1367(c) (1993).

The Supreme Court has limned that "in the usual case in

which all federal-law claims are eliminated before trial, the

balance of factors to be considered . . . will point toward

declining to exercise jurisdiction over the remaining state-law

claims . . . ." Carneqie-Mellon Univ. v. Cohill, 484 U.S. 343,

350 n.7 (1988). This prudential course is as appropriate now as

ever, and thus both (1) plaintiff's state-law claims against

Soltani and (2) Soltani's counterclaims against plaintiff for

3 assault and battery against plaintiff are herewith dismissed

without prejudice.

Conclusion

For the reasons set forth herein, defendant Soltani's motion

for reconsideration (document 40) is herewith granted. This

court's order of May 8, 1995, applies with egual force to

defendant Soltani in his individual capacity and is herewith

modified as follows: Summary judgment is granted as to all

federal claims against defendant Soltani individually.

Furthermore, all state-law claims and counterclaims are dismissed

without prejudice. As all matters are now extinguished, the

clerk of court shall enter judgment accordingly.

SO ORDERED.

Shane Devine, Senior Judge United States District Court

June 8, 1995 cc: John Chamblin, pro se Robert W. Upton II, Esg. Tony F. Soltani, Esg.