United States District Court, N.D. Mississippi, Greenville Division
ORDER AND MEMORANDUM OPINION
SHARION AYCOCK, UNITED STATES DISTRICT COURT JUDGE.
Jackson originally filed his Complaint  in the Circuit
Court of Washington County, Mississippi on April 23, 2018. In
his Complaint , Jackson alleges that Officer Corey
Weatherspoon unlawfully assaulted him, and asserts claims for
negligence, negligent hiring and retention, negligent
supervision and training, gross negligence, intentional
infliction of emotional distress, and negligent infliction of
emotional distress. The Defendants removed the case to this
Court on August 31, 2018 premising jurisdiction on a federal
question, primarily a claim for relief under 42 U.S.C.
§1983 for violations under the Fourth and Fourteenth
Amendments to the United States Constitution. See
Notice of Removal .
removal, the Defendants moved for dismissal and qualified
immunity on all of Jackson's claims. Officer Weatherspoon
filed a Motion for Judgment on the Pleadings and for
Qualified Immunity . The Municipal Defendants, Mayor
Thomas, Police Chief Barber, the City of Leland, and the
Leland Police Department, filed a Motion to Dismiss 
Jackson's state law claims, and a separate Motion to
Dismiss  Jackson's Federal claims against them.
response, Jackson filed a Motion to Remand  the case back
to the Circuit Court. The Defendants' filed a Response
 in opposition to remand, to which Jackson failed to
reply. With all the deadlines now passed, these issues are
ripe for review. See L. U. Civ. R. 7(b).
Court will take up the remand issue first. See McCasland
v. City of Castroville, Tex., 478 Fed.Appx. 860 (5th
Cir. 2012) (per curiam) (citing Wolcott v. Sebelius,
635 F.3d 757, 762 (5th Cir. 2011); Morgan v. Kingdom of
Saudi Arabia, 27 F.3d 169, 172 (5th Cir. 1994)).
and Procedural Background
Complaint , Plaintiff Jackson alleges the following facts:
On or about August 2016, Plaintiff Kwaitel Jackson was
patronizing McCray's Grocer, aka Fox Store, in Leland
Mississippi when he was bombarded by Officer Corey
Weatherspoon. Officer Weatherspoon unlawfully assaulted
Jackson by striking him to the eye and body with brass
knuckles and slamming him to the concrete floor. At the time
of this unprovoked, unlawful assault, Plaintiff Jackson was
not breaking any laws and there was no warrant for his
then goes on to describe his damages, and as noted above,
asserts the following six claims: negligence, negligent
hiring and retention, negligent supervision and training,
gross negligence, intentional infliction of emotional
distress, and negligent infliction of emotional distress.
Jackson argues that the Court should remand this case back to
the Circuit Court because the Defendants did not remove the
case within the 30-day time limit required by the removal
statute, 28 U.S.C. §1446(b)(1). The relevant part of the
The notice of removal of a civil action or proceeding shall
be filed within 30 days after the receipt by the defendant,
through service or otherwise, of a copy of the initial
pleading setting forth the claim for relief upon which such
action or proceeding is based, or within 30 days after the
service of summons upon the defendant if such initial
pleading has then been filed in court and is not required to
be served on the defendant, whichever period is shorter.
28 U.S.C. §1446(b)(1). It is undisputed in this case the
Defendants did not remove the case within 30 days of service.
Defendants argue that there was no basis for federal
jurisdiction present on the face of the Complaint , and
that Jackson did not reference the Constitution, any
constitutional violations, or any federal question. According
to the Defendants, they were not aware of any constitutional
claims, or any basis for federal jurisdiction, until Jackson
served them with his Supplemental Response [1-3] to the
Motion to Dismiss they filed in the Circuit Court. Jackson
filed his Supplemental Response [1-3] in the Circuit Court on
August 29, 2018. The Defendants removed the case to this
Court two days later, on August 31, 2018, and rely on 28
U.S.C. §1446(b)(3) to support their argument that
removal was timely. The relevant part of that code section
. . . if the case stated by the initial pleading is not
removable, a notice of removal may be filed within 30 days
after receipt by the defendant, through service or otherwise,
of a copy of an amended pleading, motion, order or other
paper from which it may first be ...