Preview
FILED
DALLAS COUNTY
10/22/2019 6:38 PM
FELICIA PITRE
DISTRICT CLERK
Rhonda Burks
CAUSE N0. DC-19-15710
MICHAEL ROELL, IN THE DISTRICT COURT
Plaintiff,
V. WWDOOOWOWDCOOWWDOOOCOO
OF DALLAS COUNTY, TEXAS
GARLAND INDEPENDENT SCHOOL
DISTRICT and LAKEISHA RIDER,
Defendants. 68TH JUDICML DISTRICT
DEFENDANTS’ NOTICE OF FILING NOTICE OF REMOVAL
On October 22, 2019, Defendants Garland Independent School District and Lakeisha Rider
filed the attached Notice of Removal with the Office of the Clerk of the United States District
Court for the Northern District of Texas.
Respectfully submitted,
By: /s/Meredith Prvkrvl Walker
Meredith Prykryl Walker
State Bar N0. 24056487
Laura Rodriguez McLean
State Bar No. 24007937
Demi Williams
State Bar No. 24084101
WALSH GALLEGOS TREVINO
RUSSO & KYLE P.C.
105 Decker Court, Suite 600
Irving, Texas 75062
214.574.8800
214.574.8801 (facsimile)
mwalker@wabsa.com
lmclean@wabsa.com
dwilliams wabsa.com
ATTORNEYS FOR DEFENDANTS
GARLAND INDEPENDENT SCHOOL
DISTRICT AND LAKEISHA RIDER
CERTIFICATE OF SERVICE
On October 22, 2019, Ielectronically submitted the foregoing document With the clerk of
court for the U.S. District Court, Northern District 0f Texas, using the electronic case filing system
of the court. I hereby certify that I have served all counsel of record electronically or by another
manner authorized by Federal Rule 0f Civil Procedure 5(b)(2).
Dan S. Boyd
State Bar N0. 02765500
P.O. Box 803596
Dallas, Texas 75380
dan@boydstap_.com
/s/Meredith Prvkryl Walker
Meredith Prykryl Walker
Case 3:19—cv-02497-C Document 1 Filed 10/22/19 Page 1 of 4 PagelD 1
THE UNITED STATES DISTRICT COURT
IN
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MICHAEL ROELL §
PLAINTIFF, g
V. g Civil Action No.
GARLAND INDEPENDENT SCHOOL g
DISTRICT AND LAKEISHA RIDER §
DEFENDANTS. g
DEFENDANTS' NOTICE OF REMOVAL
Pursuant t0 28 U.S.C. §§ 1331, 1441, and 1446, Defendants Garland Independent School
District and Lakeisha Rider (collectively Defendants) remove Cause No. DC-19-15710 (the State
Court Action) from the 68th Judicial District Court of Dallas County, Texas to the United States
District Court for the Northern District of Texas, Dallas Division, and would respectfully show the
Court as follows:
I. SUMMARY OF STATE COURT ACTION
1. Plaintiff Michael Roell (Plaintiff) filed suit against Defendants 0n September 25,
2019, alleging malicious criminal prosecution.
2. In Plaintiffs Original Petition, he did not allege any Violation 0f federal law.
3. On October 8, 2019, Plaintiff filed the First Amended Original Petition, alleging
malicious criminal prosecution and malicious prosecution under 42 U.S.C. § 1983 and Sanders v.
English, 950 F.2d 1152 (5th Cir. 1992).
4. Plaintiffs First Amended Original Petition is the first pleading that poses a federal
question. As such, this removal is timely pursuant to 28 U.S.C. § 1446(b).
Case 3:19—cv-02497-C Document 1 Filed 10/22/19 Page 2 of 4 PagelD 2
5. Defendants have not filed any papers in the State Court Action.
II. JURISDICTION
6. The State Court Action is removable under 28 U.S.C. § 1441 0n the basis of federal
question jurisdiction. Any civil action brought in a state court may be removed without regard to
the citizenship 0fthe parties when the district courts ofthe United States have original jurisdiction.1
District courts of the United States have original jurisdiction over all civil actions arising under
the Constitution and laws of the United States?
7. Plaintiff‘s First Amended Original Petition alleges malicious prosecution under the
color of law pursuant to 42 U.S.C. § 1983.
8. Because Plaintiffs claim under 42 U.S.C. § 1983 arises out 0f the Constitution 0r
laws of the United States, the United States District Court for the Northern District of Texas has
jurisdiction and the action is removable.3
9. Plaintiffs remaining claim for "malicious criminal prosecution" does not cite t0 any
specific statute or applicable law. Assuming arguendo that Plaintiff asserts this claim under the
Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, this Court
still has jurisdiction over the State Court Action. Specifically, the Court has supplemental
jurisdiction over the state tort claim because it arises out of "a common nucleus of operative facts"
as the malicious prosecution claim under 42 U.S.C. § 1983.4 Indeed, both malicious prosecution
claims are based on Plaintiffs allegation that Defendants provided information t0 police and
128 U.S.C. § 1441(a).
2
28 U.S.C. § 1331.
3
See 28 U.S.C. §§ 1331, 1441(a).
4
See United Mine Workers ofAm. v. Gibbs, 383 U.S. 715, 725 (1966); see also Plaintiffs Third Amended Petition at
pp.5-7.
Case 3:19-cv-02497-C Document 1 Filed 10/22/19 Page 3 of 4 PageID 3
prosecutors that resulted in his prosecution by the State. As stated in statute, the state tort claim is
"so related” to the federal claim "that they form part of the same case or controversy."5
10. Accordingly, the entire State Court Action is removable.
III. REMOVAL REQUIREMENTS
11. Filed simultaneously herewith is an index of the process and pleadings from the
State Court Action, copies of all documents filed in the State Court Action, a copy of the State
Court Action docket sheet, and a certificate of interested persons. The State Court has not entered
any orders in the State Court Action.
WHEREFORE, PREMISES CONSIDERED, Defendants respectfully request that the
State Court Action be removed to this Court for trial and determination, that all further proceedings
in the State Court Action be stayed, and that Defendants have all additional relief to which they
may be justly entitled.
Respectfully submitted,
By: /s/Meredith Prvkrvl Walker
Meredith Prykryl Walker
State Bar No. 24056487
Laura Rodriguez McLean
State Bar No. 24007937
Demi Williams
State Bar N0. 24084101
WALSH GALLEGOS TREVINO
RUSSO & KYLE P.C.
105 Decker Court, Suite 600
Irving,Texas 75062
214.574.8800
214.574.8801 (facsimile)
mwalker@wabsa.com
lmclean@wabsa.com
dwilliams@wabsa.com
5
See 28 U.S.C. § 1367(a).
Case 3:19-cv-02497-C Document 1 Filed 10/22/19 Page 4 of 4 PageID 4
ATTORNEYS FOR DEFENDANTS
GARLAND INDEPENDENT SCHOOL
DISTRICT AND LAKEISHA RIDER
CERTIFICATE 0F SERVICE
On October 22, 2019, I electronically submitted the foregoing document With the clerk 0f
court for the U.S. District Court, Northern District of Texas, using the electronic case filing system
of the hereby certify that I have served all counsel 0f record electronically or by another
court. I
manner authorized by Federal Rule 0f Civil Procedure 5(b)(2).
Dan S. Boyd
State Bar N0. 02765500
P.O. Box 803596
Dallas, Texas 75380
dan@boydstap.com
/s/Meredith Prvkrvl Walker
Meredith Prykryl Walker
Preview
FILED DALLAS COUNTY 10/22/2019 6:38 PM FELICIA PITRE DISTRICT CLERK Rhonda Burks CAUSE N0. DC-19-15710 MICHAEL ROELL, IN THE DISTRICT COURT Plaintiff, V. WWDOOOWOWDCOOWWDOOOCOO OF DALLAS COUNTY, TEXAS GARLAND INDEPENDENT SCHOOL DISTRICT and LAKEISHA RIDER, Defendants. 68TH JUDICML DISTRICT DEFENDANTS’ NOTICE OF FILING NOTICE OF REMOVAL On October 22, 2019, Defendants Garland Independent School District and Lakeisha Rider filed the attached Notice of Removal with the Office of the Clerk of the United States District Court for the Northern District of Texas. Respectfully submitted, By: /s/Meredith Prvkrvl Walker Meredith Prykryl Walker State Bar N0. 24056487 Laura Rodriguez McLean State Bar No. 24007937 Demi Williams State Bar No. 24084101 WALSH GALLEGOS TREVINO RUSSO & KYLE P.C. 105 Decker Court, Suite 600 Irving, Texas 75062 214.574.8800 214.574.8801 (facsimile) mwalker@wabsa.com lmclean@wabsa.com dwilliams wabsa.com ATTORNEYS FOR DEFENDANTS GARLAND INDEPENDENT SCHOOL DISTRICT AND LAKEISHA RIDER CERTIFICATE OF SERVICE On October 22, 2019, Ielectronically submitted the foregoing document With the clerk of court for the U.S. District Court, Northern District 0f Texas, using the electronic case filing system of the court. I hereby certify that I have served all counsel of record electronically or by another manner authorized by Federal Rule 0f Civil Procedure 5(b)(2). Dan S. Boyd State Bar N0. 02765500 P.O. Box 803596 Dallas, Texas 75380 dan@boydstap_.com /s/Meredith Prvkryl Walker Meredith Prykryl Walker Case 3:19—cv-02497-C Document 1 Filed 10/22/19 Page 1 of 4 PagelD 1 THE UNITED STATES DISTRICT COURT IN FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL ROELL § PLAINTIFF, g V. g Civil Action No. GARLAND INDEPENDENT SCHOOL g DISTRICT AND LAKEISHA RIDER § DEFENDANTS. g DEFENDANTS' NOTICE OF REMOVAL Pursuant t0 28 U.S.C. §§ 1331, 1441, and 1446, Defendants Garland Independent School District and Lakeisha Rider (collectively Defendants) remove Cause No. DC-19-15710 (the State Court Action) from the 68th Judicial District Court of Dallas County, Texas to the United States District Court for the Northern District of Texas, Dallas Division, and would respectfully show the Court as follows: I. SUMMARY OF STATE COURT ACTION 1. Plaintiff Michael Roell (Plaintiff) filed suit against Defendants 0n September 25, 2019, alleging malicious criminal prosecution. 2. In Plaintiffs Original Petition, he did not allege any Violation 0f federal law. 3. On October 8, 2019, Plaintiff filed the First Amended Original Petition, alleging malicious criminal prosecution and malicious prosecution under 42 U.S.C. § 1983 and Sanders v. English, 950 F.2d 1152 (5th Cir. 1992). 4. Plaintiffs First Amended Original Petition is the first pleading that poses a federal question. As such, this removal is timely pursuant to 28 U.S.C. § 1446(b). Case 3:19—cv-02497-C Document 1 Filed 10/22/19 Page 2 of 4 PagelD 2 5. Defendants have not filed any papers in the State Court Action. II. JURISDICTION 6. The State Court Action is removable under 28 U.S.C. § 1441 0n the basis of federal question jurisdiction. Any civil action brought in a state court may be removed without regard to the citizenship 0fthe parties when the district courts ofthe United States have original jurisdiction.1 District courts of the United States have original jurisdiction over all civil actions arising under the Constitution and laws of the United States? 7. Plaintiff‘s First Amended Original Petition alleges malicious prosecution under the color of law pursuant to 42 U.S.C. § 1983. 8. Because Plaintiffs claim under 42 U.S.C. § 1983 arises out 0f the Constitution 0r laws of the United States, the United States District Court for the Northern District of Texas has jurisdiction and the action is removable.3 9. Plaintiffs remaining claim for "malicious criminal prosecution" does not cite t0 any specific statute or applicable law. Assuming arguendo that Plaintiff asserts this claim under the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, this Court still has jurisdiction over the State Court Action. Specifically, the Court has supplemental jurisdiction over the state tort claim because it arises out of "a common nucleus of operative facts" as the malicious prosecution claim under 42 U.S.C. § 1983.4 Indeed, both malicious prosecution claims are based on Plaintiffs allegation that Defendants provided information t0 police and 128 U.S.C. § 1441(a). 2 28 U.S.C. § 1331. 3 See 28 U.S.C. §§ 1331, 1441(a). 4 See United Mine Workers ofAm. v. Gibbs, 383 U.S. 715, 725 (1966); see also Plaintiffs Third Amended Petition at pp.5-7. Case 3:19-cv-02497-C Document 1 Filed 10/22/19 Page 3 of 4 PageID 3 prosecutors that resulted in his prosecution by the State. As stated in statute, the state tort claim is "so related” to the federal claim "that they form part of the same case or controversy."5 10. Accordingly, the entire State Court Action is removable. III. REMOVAL REQUIREMENTS 11. Filed simultaneously herewith is an index of the process and pleadings from the State Court Action, copies of all documents filed in the State Court Action, a copy of the State Court Action docket sheet, and a certificate of interested persons. The State Court has not entered any orders in the State Court Action. WHEREFORE, PREMISES CONSIDERED, Defendants respectfully request that the State Court Action be removed to this Court for trial and determination, that all further proceedings in the State Court Action be stayed, and that Defendants have all additional relief to which they may be justly entitled. Respectfully submitted, By: /s/Meredith Prvkrvl Walker Meredith Prykryl Walker State Bar No. 24056487 Laura Rodriguez McLean State Bar No. 24007937 Demi Williams State Bar N0. 24084101 WALSH GALLEGOS TREVINO RUSSO & KYLE P.C. 105 Decker Court, Suite 600 Irving,Texas 75062 214.574.8800 214.574.8801 (facsimile) mwalker@wabsa.com lmclean@wabsa.com dwilliams@wabsa.com 5 See 28 U.S.C. § 1367(a). Case 3:19-cv-02497-C Document 1 Filed 10/22/19 Page 4 of 4 PageID 4 ATTORNEYS FOR DEFENDANTS GARLAND INDEPENDENT SCHOOL DISTRICT AND LAKEISHA RIDER CERTIFICATE 0F SERVICE On October 22, 2019, I electronically submitted the foregoing document With the clerk 0f court for the U.S. District Court, Northern District of Texas, using the electronic case filing system of the hereby certify that I have served all counsel 0f record electronically or by another court. I manner authorized by Federal Rule 0f Civil Procedure 5(b)(2). Dan S. Boyd State Bar N0. 02765500 P.O. Box 803596 Dallas, Texas 75380 dan@boydstap.com /s/Meredith Prvkrvl Walker Meredith Prykryl Walker