Chaney v. Keego Harbor Police Department

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BRIAN CHANEY,

Plaintiff, No. 21-11662

v. Honorable Nancy G. Edmunds

KEEGO HARBOR POLICE DEPARTMENT, and OFFICER RICHARD LINDQUIST,

Defendants. _______________________________________/

ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS

Plaintiff Brian Chaney brings this civil rights lawsuit against the Keego Harbor Police Department and Officer Richard Lindquist. (ECF No. 4.) Plaintiff alleges violations of the United States Constitution and 42 U.S.C. § 1983. He also brings state law claims of assault and battery and intentional infliction of emotional distress. 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 IV and V of his complaint, are hereby DISMISSED WITHOUT PREJUDICE. The Court will retain jurisdiction over Plaintiff’s federal claims only. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: September 10, 2021 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 10, 2021, by electronic and/or ordinary mail.

s/Lisa Wagner for Lisa Bartlett Case Manager