Convent Corp. v. City of North Little Rock, No. 14-1912 (8th Cir. 2015)
Annotate this CaseConvent filed suit in the Circuit Court of Pulaski County, Arkansas, seeking to appeal a resolution that the North Little Rock City Council passed declaring Convent's property a nuisance and condemning the property. In the same complaint, Convent asserted claims under 42 U.S.C. 1983, 1985, 1986, and 1988 and the Arkansas Civil Rights Act, Ark. Code 16-123-101, and a common law claim of trespass. The defendants removed the case to federal district court based on the federal claims and then moved to dismiss the complaint for failure to state a claim. The court did not grant the motion, but found that it lacked subject matter jurisdiction over Convent's claims based on Convent's failure to exhaust its administrative remedies; the court remanded the case to state court. Convent sought costs, fees, and expenses incurred due to “improper removal." The district court rejected the motion. The Eighth Circuit affirmed. The defendants had an objectively reasonable basis for removal of this action to federal court.
Court Description: Civil Case - attorneys fees. After civil rights case was removed to federal court based on federal claims, district court found it lacked subject matter jurisdiction based on a failure to exhaust administrative remedies and remanded matter to state court. District court's denial of attorneys fees to plaintiffs for costs, fees and expenses incurred in removal was not an abuse of discretion because defendants had an objectively reasonable basis for removal.
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