Vanderlinden v. City of Warren

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOEL VANDERLINDEN, Plaintiff, No. 22-11060 v. Honorable Nancy G. Edmunds CITY OF WARREN, MAYOR JAMES FOUTS, JERRY BELL, and JOHN DOES, Defendants. _______________________________________/ ORDER DISMISSING PLAINTIFF’S STATE LAW CLAIMS 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. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: June 3, 2022 I hereby certify that a copy of the foregoing document was served upon counsel of record on June 3, 2022, by electronic and/or ordinary mail.

s/Lisa Bartlett Case Manager