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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`Plaintiff,
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`No. 21-11662
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`Honorable Nancy G. Edmunds
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`ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS
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`BRIAN CHANEY,
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`v.
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`KEEGO HARBOR POLICE DEPARTMENT,
`and OFFICER RICHARD LINDQUIST,
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`Defendants.
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`_______________________________________/
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`Plaintiff Brian Chaney brings this civil rights lawsuit against the Keego Harbor
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`Police Department and Officer Richard Lindquist. (ECF No. 4.) Plaintiff alleges
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`violations of the United States Constitution and 42 U.S.C. § 1983. He also brings state
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`law claims of assault and battery and intentional infliction of emotional distress.
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`Since the parties to this matter are non-diverse, this Court declines to exercise
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`supplemental jurisdiction over Plaintiff’s state law claims so as to avoid jury confusion.
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`See 28 U.S.C. § 1367(c)(4); Moor v. Cty. of Alameda, 411 U.S. 693, 716 (1973); Padilla
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`v. City of Saginaw, 867 F. Supp. 1309, 1315 (E.D. Mich. 1994). Thus, pursuant to
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`§ 1367(c), all of Plaintiff’s claims based on state law, including the claims found in
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`Counts IV and V of his complaint, are hereby DISMISSED WITHOUT PREJUDICE. The
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`Court will retain jurisdiction over Plaintiff’s federal claims only.
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`SO ORDERED.
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`Dated: September 10, 2021
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`s/Nancy G. Edmunds
`Nancy G. Edmunds
`United States District Judge
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`Case 2:21-cv-11662-NGE-CI ECF No. 14, PageID.99 Filed 09/10/21 Page 2 of 2
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`I hereby certify that a copy of the foregoing document was served upon counsel of
`record on September 10, 2021, by electronic and/or ordinary mail.
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`s/Lisa Wagner for Lisa Bartlett
`Case Manager
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