Removal from State to Federal Court

[AZStarz]

What is the name of your state? Arizona

I recently filed a lawsuit in Maricopa County Superior Court against the County and the Sheriff's Office. The suit is for US and state constitutional violations. I received notice that the Defendant's moved the case to Federal Court, stating that the federal court has original jurisdiction and can accept the state constitutional claims as well.

I have 30 days to respond. Why would they move it to Federal court? I guess if I knew their rationale behind it, I might know better if I should contest it.

Any thoughts or advice on this matter would be very much appreciated.

Thank you.

 

[badapple40]

What is the name of your state? Arizona

I recently filed a lawsuit in Maricopa County Superior Court against the County and the Sheriff's Office. The suit is for US and state constitutional violations. I received notice that the Defendant's moved the case to Federal Court, stating that the federal court has original jurisdiction and can accept the state constitutional claims as well.

I have 30 days to respond. Why would they move it to Federal court? I guess if I knew their rationale behind it, I might know better if I should contest it.

Any thoughts or advice on this matter would be very much appreciated.

Thank you.

Why would they remove it: Because the Federal Court's are better staffed, move more quickly, and are more inclined to grant motions for summary judgment and motions to dismiss.

When did you file it and when did they remove it? They only have thirty days (if I recall correctly) to file a notice of removal.

My response, if any, would be that the case potentially involves interpretations of the State constitution and that removal of those claims is improper.

 

[AZStarz]

Thank you for the information. I didn't want to fight the removal to Federal court if it was to my advantage. I kind of figured their intentions to remove it weren't good. The only reason they gave in the notice was that my state court action was one that the US District Court had original jurisdiction pursuant to 28 USC 1331 and 1343.

The case involves deprivation of civil rights under 42 USC 1983 and 1985, as well as state constitutional violations. I did check into jurisdiction prior to filing and found that I could file in Superior for the federal claims.

They passed the 30 day mark by about two weeks. This was kind of strange. I received two notices stapled together. The first notice simply stated it was removed to federal court dated January 6th...the second notice was more detailed and it was dated December 23rd. They claim in the notice that I filed my complaint November 23rd, thus they just made the 30 day mark...However, I filed the complaint November 3rd.

I am familiar with Superior Court rules and would have difficulty trying to prepare for federal court. If there is no particular advantage to me that it stay in federal court, I will go ahead and file that it should not be removed.

Any additional input would be great and thanks again for the information you provided.

 

[badapple40]

Thank you for the information. I didn't want to fight the removal to Federal court if it was to my advantage. I kind of figured their intentions to remove it weren't good. The only reason they gave in the notice was that my state court action was one that the US District Court had original jurisdiction pursuant to 28 USC 1331 and 1343.

The case involves deprivation of civil rights under 42 USC 1983 and 1985, as well as state constitutional violations. I did check into jurisdiction prior to filing and found that I could file in Superior for the federal claims.

They passed the 30 day mark by about two weeks. This was kind of strange. I received two notices stapled together. The first notice simply stated it was removed to federal court dated January 6th...the second notice was more detailed and it was dated December 23rd. They claim in the notice that I filed my complaint November 23rd, thus they just made the 30 day mark...However, I filed the complaint November 3rd.

I am familiar with Superior Court rules and would have difficulty trying to prepare for federal court. If there is no particular advantage to me that it stay in federal court, I will go ahead and file that it should not be removed.

Any additional input would be great and thanks again for the information you provided.

File a motion for remand to State Court, attach the timestamped copy of the complaint filed in Superior court. Note that the removal was not timely filed.

 

[Rhubarb297]

Why would they remove it: Because the Federal Court's are better staffed, move more quickly, and are more inclined to grant motions for summary judgment and motions to dismiss.

Okay, with the exception of the "move more quickly" statement I would agree. If a federal court is required to decide an issue of state law that is not clear, then they will let defer that particular decision to be decided by the state courts. It wouldn't make the transfer improper.

 

[matti422]

I didn't want to fight the removal to Federal court if it was to my advantage.

Um, if the other guy wants it removed, chances are, it's not to your advantage.

the case potentially involves interpretations of the State constitution and that removal of those claims is improper

I believe the poster said it was state and US constitution. A legit federal question will get you into the fed court, and state issues can be decided there under supplemental jurisdiction.

OK, 1L lecture complete - why are you asking this hear? You obviously have a suit, why don't you have a proper lawyer who can answer basic civil procedure questions?