Question

A State A citizen was arrested by a police officer in State A. The State A citizen filed a civil action against the police officer in a State A state court. The complaint alleges that the police officer wrongly beat the citizen in the course of the arrest and seeks money damages under both state tort law and under 42 U.S.C. section 1983 for violation of the citizen’s civil rights. The police officer, who is also a citizen of State A, promptly filed a notice of removal to federal court.Is the case properly removable?

Answer 1

Yes the case is removable. As long as removal is on the basis of federal question jurisdiction and not diversity jurisdiction, there is no requirement mandating both parties be from varying state, neither is there any amount of controversy requirement. Under 28 U.S.C. section 1441, it is possible for a defendant to remove an action already in federal courts.

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