King v. Anderson County, Tennessee (TV2)
3:10-cv-00420
E.D. Tenn.Nov 18, 2010Background
- Kenneth King sued Anderson County, Tennessee in the Anderson County Circuit Court alleging negligence and deliberate indifference and claims under 42 U.S.C. § 1983.
- Defendants removed the action to this federal court, asserting federal question jurisdiction based on § 1983 claims; GTLA claims were not expressly itemized in the notice of removal.
- King moved to remand arguing GTLA claims should be remanded to state court and that removal did not properly cover GTLA claims or confer supplemental jurisdiction.
- The court reviews removal standards under 28 U.S.C. § 1441 and holds the removal was proper for the federal § 1983 claims, but considers whether GTLA claims must remain in federal court under supplemental jurisdiction.
- The court acknowledges the GTLA waives sovereign immunity for certain negligent acts, but provides that exclusive original jurisdiction for GTLA claims lies in Tennessee circuit courts.
- Relying on Gregory v. Shelby County and the GTLA’s exclusive original jurisdiction, the court grants remand of GTLA-based claims to state court and keeps federal claims in federal court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether removal was proper for the federal claims | King contends GTLA claims were improperly removed. | Defendants argue removal based on § 1983 is proper and § 1367 may apply to GTLA. | Removal proper for federal § 1983 claims. |
| Whether GTLA claims should be remanded or retained under supplemental jurisdiction | GTLA claims should be remanded due to state-preference and exclusive jurisdiction in state court. | Court should retain supplemental jurisdiction for efficiency unless discretionary grounds to decline exist. | GTLA claims remanded; exclusive original jurisdiction favors remand; federal claims remain. |
Key Cases Cited
- Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (U.S. 1977) (basic sovereign-immunity framework for state actions)
- Dixon v. Clem., 492 F.3d 665 (6th Cir. 2007) (immunity and GTLA implications in Sixth Circuit)
- Gregory v. Shelby County, Tenn., 220 F.3d 433 (6th Cir. 2000) (GTLA exclusive original jurisdiction as exceptional circumstance for declining jurisdiction)