2:16-cv-11867-RHC-DRG Doc # 1 Filed 05/25/16 Pg 1 of 51 Pg ID 1 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 chiketapalmore@gmail.com 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 mrosati@jrsjlaw.com dklemptner@jrsjlaw.com NOTICE OF REMOVAL TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION
2:16-cv-11867-RHC-DRG Doc # 1 Filed 05/25/16 Pg 2 of 51 Pg ID 2 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.) 2
2:16-cv-11867-RHC-DRG Doc # 1 Filed 05/25/16 Pg 3 of 51 Pg ID 3 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. 3
2:16-cv-11867-RHC-DRG Doc # 1 Filed 05/25/16 Pg 4 of 51 Pg ID 4 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 4
2:16-cv-11867-RHC-DRG Doc # 1 Filed 05/25/16 Pg 5 of 51 Pg ID 5 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. Dated: May 25, 2016 s/daniel KLEMPTNER Attorney for Defendants 27555 Executive Drive, Suite 250 Farmington Hills, Michigan 48331-3550 dklemptner@jrsjlaw.com (248) 489-4100 (P 68691) 5
2:16-cv-11867-RHC-DRG Doc # 1 Filed 05/25/16 Pg 6 of 51 Pg ID 6 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 chiketapalmore@gmail.com 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 mrosati@jrsjlaw.com dklemptner@jrsjlaw.com 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
2:16-cv-11867-RHC-DRG Doc # 1 Filed 05/25/16 Pg 7 of 51 Pg ID 7 notification of such electronic filing to all counsel of record registered electronically. s/ SHANN P. SPENCE 2
2:16-cv-11867-RHC-DRG Doc # 1 Filed 05/25/16 Pg 8 of 51 Pg ID 8 INDEX OF EXHIBITS EX. A - Complaint filed in Wayne County Circuit Court EX. B - Complaint filed in U.S. District Court 3
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