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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
DENNIS RAY ALEXANDER, FORMER CA NO: 16-001007-NO Plaintiff, DISTRICT CT. NO: v. HON. CITY OF GARDEN CITY, A Michigan Chartered Municipality; CITY OF GARDEN CITY POLICE DEPARTMENT, An Authorized agency of the City of Garden City; OFFICER CRAIG SYLVESTER, individually and as a Garden City Police Officer; OFFICER ROBERT MUERY, in his official capacity as City Manager for the City of Garden City and in his official capacity as Chief of Police of the Garden City Police Department MAYOR RANDY WALKER, in his official capacity as Mayor for the City of Garden City; THE CITY COUNCIL OF THE CITY OF GARDEN CITY, An authorized agency of the City of Garden City, Defendants. PALMORE LEGAL SERVICES, LLC CHIKETA PALMORE-BRYANT (P63927) Attorneys for Plaintiff P.O. Box 3521 Southfield, MI 48037 (313) 613-9938; Fax (206) 984-2721 [email protected]
JOHNSON, ROSATI, SCHULTZ & JOPPICH, P.C. By: MICHAEL E. ROSATI (P34236) DANIEL A. KLEMPTNER (p68691) Attorneys for Defendants 27555 Executive Drive, Suite 250 Farmington Hills, MI 48331-3550 (248) 489-4100/FAX (248) 489-1726 [email protected] [email protected]
NOTICE OF REMOVAL TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
MICHIGAN, SOUTHERN DIVISION
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Defendants, CITY OF GARDEN CITY, CITY OF GARDEN CITY
POLICE DEPARTMENT, OFFICER CRAIG SYLVESTER, CHIEF ROBERT
MUERY, MAYOR RANDY WALKER, AND THE CITY COUNCIL OF THE
CITY OF GARDEN CITY, by and through their attorneys, file this notice of
removal, pursuant to 28 USC §1441, for this action in the Circuit Court for the
County of Wayne, Michigan, to the United States District Court for the Eastern
District of Michigan, Southern Division, and in support state as follows:
1. Plaintiff, Dennis Ray Alexander, commenced an action against
Defendants in both the Circuit Court for the County of Wayne, Michigan and in
the United States District Court for the Eastern District of Michigan. (Exhibit A,
Complaint filed in Wayne County Circuit Court; Exhibit B, Complaint filed
in U.S. District Court).
2. Both Complaints are entitled Dennis Ray Alexander v. Defendants,
City of Garden City, City of Garden City Police Department, Officer Craig
Sylvester, Chief Robert Muery, Mayor Randy Walker, and the City Council of the
City of Garden City. The Wayne County Circuit Court case bearing case number
16-001007-NO was assigned to Judge Leslie Kim Smith; and the United States
District Court case bearing case number 4:16-cv-10242 was assigned to this
Honorable Court. (Id.)
3. Plaintiff has named the same parties in both Complaints. (Id.)
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4. The allegations in each of the Complaints are nearly identical – the
only differences being that Plaintiff deleted the terms “42 USC § 1983” and
“Fourth [or Fourteenth] Amendment to the United States Constitution” from the
Complaint filed in state court (See e.g. ¶ 36 of Ex. A and ¶ 37 of Ex. B; ¶’s 45 and
46 of Ex. A and ¶’s 46 and 47 of Ex. B; ¶ 57 of Ex. A and ¶ 58 of Ex. B; and ¶’s
68 and 69 of Ex. A and ¶’s 69 and 70 of Ex. B).
5. Despite deleting those terms from the state court Complaint, that
Complaint asserts theories of liability that are couched exclusively in Federal Law.
6. Both Complaints involve a federal question in that Plaintiff seeks to
recover damages pursuant to 42 USC §1983 and the Fourth Amendment and/or the
Fourteenth Amendment to the United States Constitution for the alleged
deprivation(s) of his civil rights. (Id.)
7. No comparable cause of action for an alleged deprivation of civil
and/or constitutional rights exists under Michigan law. See e.g. Jones v Powell,
462 Mich. 329 (2000); and Bennett v Detroit Police Chief, 274 MichApp 307, 315-
16 n 3 (2006), and Plaintiff has not plead any cause of action under state law.
8. Because Plaintiff's Complaint makes claims that would only be
cognizable under federal law and the United States Constitution, this action is one
over which the District Courts of the United States have been given original
jurisdiction pursuant to 28 USC §1331.
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9. To the extent that any state law cause of action exists, it would arise
from the same facts over which this court has original jurisdiction.
10. To the extent that any state law cause of action exists, this action is
one over which the District Courts of the United States have been given
supplemental jurisdiction pursuant to 28 USC §1367(a).
11. Therefore, this is a civil action, which may be removed to this court
by Defendants pursuant to 28 USC §1441(a) and (b).
12. This notice of removal is being filed within 30 days after the receipt
by Defendants of Plaintiff’s Complaint setting forth a claim for relief upon which
action was based, and that the time for filing this notice of removal under the
statutes of the United States, specifically 28 USC §1446(b), has not expired.
13. Defendants will give written notice of the filing of this notice of
removal to all adverse parties, and will file a copy of this notice of removal with
the Circuit Court for the County of Wayne, as required by 28 USC §1446(d).
14. Defendants have filed accurate and reliable copies of all process,
pleadings, and orders served upon them thus far in this action.
15. Wayne County is contained within the Eastern District of Michigan,
Southern Division, and therefore venue is proper pursuant to 28 USC §1391
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Defendants respectfully request that they may effect removal of this action
from the Circuit Court for the County of Wayne, State of Michigan, to the United
States District Court for the Eastern District of Michigan, Southern Division.
JOHNSON, ROSATI, SCHULTZ & JOPPICH, P.C.
s/DANIEL KLEMPTNER Attorney for Defendants 27555 Executive Drive, Suite 250 Farmington Hills, Michigan 48331-3550 [email protected] (248) 489-4100 (P 68691)
Dated: May 25, 2016
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
DENNIS RAY ALEXANDER, FORMER CA NO: 16-001007-NO Plaintiff, DISTRICT CT. NO: v. HON. CITY OF GARDEN CITY, A Michigan Chartered Municipality; CITY OF GARDEN CITY POLICE DEPARTMENT, An Authorized agency of the City of Garden City; OFFICER CRAIG SYLVESTER, individually and as a Garden City Police Officer; OFFICER ROBERT MUERY, in his official capacity as City Manager for the City of Garden City and in his official capacity as Chief of Police of the Garden City Police Department MAYOR RANDY WALKER, in his official capacity as Mayor for the City of Garden City; THE CITY COUNCIL OF THE CITY OF GARDEN CITY, An authorized agency of the City of Garden City, Defendants. PALMORE LEGAL SERVICES, LLC CHIKETA PALMORE-BRYANT (P63927) Attorneys for Plaintiff P.O. Box 3521 Southfield, MI 48037 (313) 613-9938; Fax (206) 984-2721 [email protected]
JOHNSON, ROSATI, SCHULTZ & JOPPICH, P.C. By: MICHAEL E. ROSATI (P34236) DANIEL A. KLEMPTNER (p68691) Attorneys for Defendants 27555 Executive Drive, Suite 250 Farmington Hills, MI 48331-3550 (248) 489-4100/FAX (248) 489-1726 [email protected] [email protected]
CERTIFICATE OF SERVICE
I hereby certify that on May 25, 2016, I electronically filed the foregoing
paper with the Clerk of the Court using the ECF system which will send
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notification of such electronic filing to all counsel of record registered
electronically.
s/ SHANN P. SPENCE
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INDEX OF EXHIBITS
EX. A - Complaint filed in Wayne County Circuit Court EX. B - Complaint filed in U.S. District Court
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EXHIBIT A
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EXHIBIT B
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