Parkinson v. City of New York

Rights Suit Not Remanded; 28 USC §1446 Removal Requirements Were Satisfied

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OPINION AND ORDER When a plaintiff sues a defendant alleging violations of both state and federal law, Congress gives the plaintiff a choice: the plaintiff may sue in state or federal court. When the plaintiff sues in state court, the defendant also has a choice: the defendant may allow the case to continue in state court or may remove it to a proper federal district court. To remove the case, the defendant must jump through three procedural hoops: (1) file the notice of removal in federal court, (2) give written notice to adverse parties, and (3) file a copy of the notice of removal with the state court. Like many things in the law, these procedural requirements also have timing requirements. And that is what this opinion is about. After Alex Parkinson sued Defendants in New York state court for allegedly using excessive force during a false arrest in violation of 42 U.S.C. §1983 and New York state law, Defendants filed a notice of removal here in federal court. Parkinson seeks remand to state court because Defendants waited two weeks to file a copy of the notice of removal with state court and apparently mailed a copy of the notice removal to the wrong address, which delayed when Parkinson received it. These arguments are unavailing. Defendants promptly filed a copy of the notice of removal in state court and promptly gave notice of removal to Parkinson. The Court therefore denies Parkinson’s motion to remand. I. Background On March 31, 2021, Parkinson sued The City of New York, Lieutenant Kevin Mulhern, and John Does 1-4 in New York state court. The Complaint accuses Lieutenant Mulhern and John Does 1-4 of using excessive force when they allegedly falsely arrested him. Dkt. 1 (“Notice of Removal”), Exh. A (“Complaint”)

10-18. The Complaint pleads federal claims under 42 U.S.C. §1983 and state law claims under New York law. Id.

Parkinson v. City of New York

Rights Suit Not Remanded; 28 USC §1446 Removal Requirements Were Satisfied

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