§ 626.74

Whalen v. LANGFELLOW · 2010 6 citations

Whalen asserts that the City is liable for the $110 damage to his property pursuant to Minn. Stat. § 626.74 (2008) (“If just compensation is owed for damage caused in the execution of a search warrant or the apprehension of a criminal suspect, the Minnesota local government unit employing the peace officer who sought issuance of the warrant or initiated the apprehension is responsible for paying the compensation.”). Whalen did not allege this claim as a separate count in his Amended Complaint, but mentioned the statute in his prayer for relief. Having dismissed the federal claims, the Court declines to exercise supplemental jurisdiction over this claim. See 28 U.S.C. § 1367(c)(3) (2006); Johnson v. City of Shorewood, 360 F.3d 810, 819 (8th Cir.2004) (“‘[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrine ... will point toward declining to exercise jurisdiction over the remaining state-law claims.’ ” (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n. 7, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988))). The Court dismisses without prejudice Whalen’s claim under Minn. Stat. § 626.74.

Whalen asserts that the City is liable for the $110 damage to his property pursuant to Minn. Stat. § 626.74 (2008) (“If just compensation is owed for damage caused in the execution of a search warrant or the apprehension of a criminal suspect, the Minnesota local government unit employing the peace officer who sought issuance of the warrant or initiated the apprehension is responsible for paying the compensation.”). Whalen did not allege this claim as a separate count in his Amended Complaint, but mentioned the statute in his prayer for relief. Having dismissed the federal claims, the Court declines to exercise supplemental jurisdiction over this claim. See 28 U.S.C. § 1367(c)(3) (2006); Johnson v. City of Shorewood, 360 F.3d 810, 819 (8th Cir.2004) (“‘[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrine ... will point toward declining to exercise jurisdiction over the remaining state-law claims.’ ” (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n. 7, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988))). The Court dismisses without prejudice Whalen’s claim under Minn. Stat. § 626.74.

Whalen asserts that the City is liable for the $110 damage to his property pursuant to Minn. Stat. § 626.74 (2008) (“If just compensation is owed for damage caused in the execution of a search warrant or the apprehension of a criminal suspect, the Minnesota local government unit employing the peace officer who sought issuance of the warrant or initiated the apprehension is responsible for paying the compensation.”). Whalen did not allege this claim as a separate count in his Amended Complaint, but mentioned the statute in his prayer for relief. Having dismissed the federal claims, the Court declines to exercise supplemental jurisdiction over this claim. See 28 U.S.C. § 1367(c)(3) (2006); Johnson v. City of Shorewood, 360 F.3d 810, 819 (8th Cir.2004) (“‘[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrine ... will point toward declining to exercise jurisdiction over the remaining state-law claims.’ ” (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n. 7, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988))). The Court dismisses without prejudice Whalen’s claim under Minn. Stat. § 626.74.

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