Olmo v. TriWest Healthcare Alliance
1:12-cv-00258
D. UtahFeb 19, 2013Background
- Joyce Olmo sued TriWest Healthcare Alliance Corp., Invacare HCS, and Intermountain Health Care in Utah state court for injuries from a allegedly defective wheelchair.
- TriWest removed the case to federal court invoking the Federal Officer Removal Statute, 28 U.S.C. § 1442(a)(1).
- Olmo moved to remand, arguing lack of removal jurisdiction and seeking to limit the court’s jurisdiction over non-federal defendants and state claims.
- TriWest administers TRICARE benefits for the DOD, under federal direction and control, and allegedly acted under color of federal office.
- Plaintiff’s injuries relate to TRICARE-provided medical equipment; TriWest asserts a colorable federal immunity defense.
- The court denied remand and denied the motion to amend without prejudice, concluding it has jurisdiction and may exercise supplemental jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TriWest properly removed under § 1442(a)(1) | Olmo asserts no federal officer connection; no removal jurisdiction. | TriWest acted under the DOD’s direction with a colorable federal defense. | Yes; removal jurisdiction exists under § 1442(a)(1). |
| Whether the court should exercise supplemental jurisdiction over state-law claims | State claims should be remanded; not sufficiently related. | Claims against non-federal defendants derive from same nucleus of facts about the defective wheelchair. | Yes; supplemental jurisdiction warranted. |
| Whether Olmo should be granted leave to amend | Requests leave to amend the complaint. | No detailed opposition in the excerpt; procedural hurdles exist. | Denied without prejudice. |
Key Cases Cited
- Watson v. Phillip Morris Cos., Inc., 551 U.S. 142 (Supreme Court 2007) (removal under color of federal office interpreted liberally)
- Colorado v. Symes, 286 U.S. 510 (Supreme Court 1932) (broad scope of 'acting under' in § 1442(a))
- Arizona v. Manypenny, 451 U.S. 232 (Supreme Court 1981) (immunity defense colorably raised under federal officer)
- Greene v. Citigroup, Inc., 215 F.3d 1336 (10th Cir. 2000) (colorable federal defense supports removal under § 1442(a)(1))
- Price v. Wolford, 608 F.3d 698 (10th Cir. 2010) (supplemental jurisdiction when claims share a common nucleus of operative fact)
- City of Chicago v. Intl. College of Surgeons, 522 U.S. 156 (Supreme Court 1997) (test for relatedness under supplemental jurisdiction)