Mwasi v. Broomfield
- James Donato
- 3:21-cv-06355
- U.S. District Court · Northern District of California
- 2
In Mwasi v. Broomfield, Judge Donato granted remand after Mwasi waived federal claims, dismissing those claims with prejudice.
King Mwasi and the defendants in the action; the case proceeds in Marin County Superior Court, while any federal claims are dismissed with prejudice.
What happened
In Mwasi v. Broomfield, a state prisoner representing himself brought federal civil-rights and state-law claims, and defendants moved the case from state court to federal court.
The federal court had dismissed the complaint while allowing an amended complaint, finding that it did not present a valid federal claim. Mwasi then waived all federal claims and asked to return the case to state court.
Judge Donato granted Mwasi’s motion, dismissed any federal claims with prejudice, and sent the action back to Marin County Superior Court for further proceedings.
The detailed version
- Mwasi v. Broomfield · No. 3:21-cv-06355
- James Donato
- Jan. 5, 2022
Background King Mwasi, a state prisoner proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983 and various state laws in Marin County Superior Court. The defendants removed the action to the federal district court.
The federal court had dismissed the complaint while allowing Mwasi an opportunity to amend, explaining that he had not presented any legally cognizable federal claims. Mwasi responded that the action was better suited for state court. The court gave him an opportunity to waive all federal claims and request a remand, warning that the federal claims would be dismissed with prejudice and that he could not proceed in federal court on a due-process claim concerning his inmate appeals or claims under the Americans with Disabilities Act.
Ruling Mwasi expressly waived all federal claims. The court therefore granted his motion, dismissed any federal claims with prejudice, and remanded the action to Marin County Superior Court for further proceedings. The clerk was directed to close the federal case and send the necessary materials to the state court. Further motions were to be filed in state court.
Result The motion was granted, the federal claims were dismissed with prejudice, and the action was remanded to state court. The order did not decide the merits of the state-law claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.