Ariella Gutman and G. William “Bill” Bissett, of the Miami office, obtained a dismissal of Plaintiff’s claims, brought in federal court, alleging a §1983 claim and various other counts against our client, a nationally recognized law firm. The Plaintiff’s claims arose from alleged injuries and various constitutional violations he claimed he suffered when he was escorted away from the law firm’s lobby by building security. Ariella and Bill’s motion to dismiss argued that Plaintiff’s allegations were insufficient to invoke the court’s jurisdiction. They further argued that, even taken as true, all of the allegations in Plaintiff’s complaint failed to adequately allege that the Defendant, our client, had deprived the Plaintiff of any constitutionally protected right “under color of state law.” The district judge agreed and ordered dismissal, finding that cooperating with and assisting police does not convert a private citizen or law firm, such as our client, into a “state actor,” as required for a §1983 claim. Without a basis for federal subject matter jurisdiction, Plaintiff was left with only diversity jurisdiction, which he similarly failed to properly allege. Having no independent federal jurisdiction, the court was prevented from exercising supplemental jurisdiction on the remaining common law negligence cause of action. Although the dismissal of Plaintiff’s complaint was without prejudice, the case cannot be re-filled in federal court. Further, since Plaintiff failed to timely re-file the case in state court, his claims will likely be barred if he later tries to re-file.
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