-DEA MCLAUGHLIN v. MERRIEL et al, No. 3:2010cv03425 - Document 12 (D.N.J. 2010)
Court Description: OPINION filed. Signed by Judge Joel A. Pisano on 9/10/2010. (mmh)
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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : : : : Plaintiff, : : v. : : SENIOR CORRECTIONS OFFICER : MARVIN MERRIEL, et al., : : Defendants. : ____________________________________: EDUARDO MCLAUGHLIN Civil Action No. 10-03425 (JAP) OPINION PISANO, District Judge. This matter comes before the Court on Plaintiff s motion to remand the matter to state court based upon Plaintiff s allegation that the complaint does not assert any federal claims. On a motion to remand, the removing party bears the burden of establishing the propriety of removal. See Boyer v. Snap-On Tools Corp., 913 F.2d 108, 111 (3d Cir.1990). In addition, removal statutes are to be strictly construed against removal and all doubts resolved in favor of remand. Id. If a district court has original subject matter jurisdiction over a case, that case is removable to federal court without regard to the citizenship of the parties. 28 USCS § 1441. A district court has original federal question subject matter jurisdiction over claims arising under the Constitution, laws, or treaties of the United States. 28 U.S.C. § 1331. Determining whether a civil action involves a federal question for purposes of remand involves examining whether the state-law claim necessarily raises a stated federal issue, actually disputed and substantial, which a federal forum may entertain without disturbing any congressionally approved balance of federal and state judicial responsibilities. Grable & Sons Metal Prods. v. Darue Eng'g & Mfg., 545 U.S. 308, 314 (U.S. 2005). A disputed and substantial issue of federal law exists where a complaint expressly asserts a violation of the United States Constitution. See Vitellaro v. Mayor and Township Council of the Township of Hanover, 2009 WL5204771 (D.N.J.)). Notwithstanding the complaint s disclaimer that Plaintiff is not stating a federal cause of action, Plaintiff in fact asserts claims under the Constitution of the United States throughout the complaint. The complaint alleges that the actions of Defendants against Plaintiff ¦ deprived Plaintiff of his rights, privileges and immunities under the laws and Constitution of the United States ¦ Compl. ¶ 53. In addition, the complaint states that the conduct of the Defendants ¦ violated Plaintiff s constitutional right ¦ guaranteed by the Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution ¦ Compl. ¶ 57. Such allegations are disputed and substantial federal issues and, therefore, removal to federal court was proper. For the reasons above, Plaintiff s motion to remand is denied. An appropriate Order accompanies this Opinion. /s/ JOEL A. PISANO United States District Judge Dated: September 10, 2010
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