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Case: 4:15-cv-00831-ERW Doc.

#: 3-1 Filed: 05/26/15 Page: 1 of 4 PageID #: 66

UNITED STATES DISTRICT COURT


EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL BROWN, SR., AND LESLEY
McSPADDEN,
Plaintiffs,
v.
CITY OF FERGUSON, MISSOURI,
FORMER POLICE CHIEF THOMAS
JACKSON, AND FORMER POLICE
OFFICER DARREN WILSON,
Defendants.

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) Cause No: 4:15-cv-831
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NOTICE OF REMOVAL
COME NOW, Defendants, City of Ferguson, Missouri, Former Police Chief Thomas
Jackson, and Former Police Officer Darren Wilson (Defendants), by and through counsel, and
file this Notice of Removal of the above-entitled action to the United States District Court for the
Eastern District of Missouri, Eastern Division pursuant to 28 U.S.C. 1441 and 1446, and for
grounds hereof respectfully states as follows:
1.

That the above-entitled action, now pending in the Circuit Court of St. Louis County,
State of Missouri (15SL-CC01367) is a civil action at law brought by the plaintiffs above
named against these defendants to recover monetary relief and other damages.

2.

In Plaintiffs Petition, Plaintiffs purport to allege, inter alia, actions pursuant to 42 U.S.C.
1983 and 1988 pertaining to the Fourth and Fourteenth Amendments of the United
States Constitution. Ex. A, Plaintiffs Pet., Counts IV, V, VI, and VII.

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3.

That Federal District Courts have original jurisdiction over claims or rights "arising under
the Constitution, treaties, or laws of the United States." 28 U.S.C. 1441(b). "The
presence or absence of federal-question jurisdiction is governed by the 'well-pleaded
complaint rule,' which provides that federal jurisdiction exists only when a federal
question is presented on the face of the plaintiff's properly pleaded complaint."
Caterpillar, Inc., v. Williams, 482 U.S. 386, 392 (1987).

4.

That this Court has original jurisdiction over this action in as much as the Plaintiffs allege
violations of Constitutional rights, actionable under federal statue, 42 U.S.C. 1983.

5.

That in any civil action of which the Federal District Courts have original jurisdiction,
the district courts shall have supplemental jurisdiction over all other claims that are so
related to claims in the action within such original jurisdiction that they form part of the
same case or controversy under Article III of the United States Constitution. 28 U.S.C.
1367(a). The Federal District Court may exercise jurisdiction over state-law claims that
may be viewed as part of the same case if they "derive from a common nucleus of
operative fact" as the federal claim. Mine Workers v. Gibbs, 383 U.S. 715 (1966).

6.

Although Plaintiffs Petition may purport to allege state law action regarding Failure to
Properly Hire, Train, Supervise, Retain, and Conduct a Fair and Impartial Investigation
(Pet., Count II), it derives from a common nucleus of operative fact as the gravamen of
Plaintiffs claims arises from Plaintiffs claims purportedly raised under federal law.
Potentially, Counts I and III allege state law claims as well.

7.

That the action may be removed to this Court pursuant to 28 U.S.C. 1441(a), 1446 and
1367(a).

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8.

That this Notice of Removal is filed in this Court within thirty days of service of the
Plaintiffs Petition, which is the first pleading raising the above federal claims (filed on
April 23, 2015, service waived on May 26, 2015).

9.

A true and correct copy of Plaintiffs Petition filed in the Circuit Court of St. Louis
County is attached as Exhibit A.1

10.

The undersigned, as counsel for Defendants, hereby affixes his signature as agents to
Defendants that all Defendants consent to the removal of this action pursuant to 28
U.S.C. 1446(b)(2)(A).
WHEREFORE, Defendants, pray this Honorable Court to accept jurisdiction of said

action.

/s/Peter J. Dunne
Peter J. Dunne #31482
Robert T. Plunkert #62064
PITZER SNODGRASS, P.C.
Attorneys for Defendant City of Ferguson,
Missouri, Former Police Chief Thomas Jackson,
and Former Police Officer Darren Wilson
100 South Fourth Street, Suite 400
St. Louis, Missouri 63102-1821
(314) 421-5545
(314) 421-3144 (Fax)
Email: dunne@pspclaw.com
Email: plunkert@pspclaw.com

Defendants will file a certified copy of the entire state court file after notification of this Notice of Removal is filed
with the state court (Defendants will attach this to a Notice of Filing Notice of Removal).

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I hereby certify that a copy of the foregoing filed electronically with the Clerk of the Court this
26th day of May, 2015 to be served by operation of the Court's electronic filing system upon the
following or U.S. mail for parties not registered with CM/ECF:
Anthony D. Gray
7710 Carondelet Ave., Suite 303
Clayton, Missouri 63105
agray@johnsongraylaw.com
Attorney for Plaintiff

/s/ Peter J. Dunne

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