Stevens v. Stevenson
- George Daniels
- 1:21-cv-03590
- U.S. District Court · Southern District of New York
- 3
In Stevens v. Stevenson, Judge Daniels remanded the election case because the federal court lacked jurisdiction.
The case was returned to New York state court, affecting Althea Stevens, Eric Stevenson, and the commissioner defendants; the federal case was closed.
What happened
In Stevens v. Stevenson, Althea Stevens asked New York state court to invalidate Eric Stevenson’s candidacy for City Council, arguing that a felony-conviction restriction made him ineligible. Eric Stevenson removed the case to federal court.
The City election commissioners asked the federal court to send the case back to state court, and Eric Stevenson joined that request. The court found that the petition raised only New York law and did not present a federal question; it also found no diversity of citizenship.
Judge George B. Daniels ruled that the federal court lacked subject-matter jurisdiction and remanded the case to the New York Supreme Court in Bronx County. The clerk was directed to close the federal case.
The detailed version
- Stevens v. Stevenson · No. 1:21-cv-03590
- George Daniels
- Apr. 27, 2021
Background
Althea Stevens, a candidate in the June 22, 2021 Democratic Party primary for New York City Council, filed a verified petition and request for an order to show cause in New York Supreme Court, Bronx County. She sought to invalidate Eric Stevenson’s candidacy, asserting that Local Law 15, codified at New York City Charter § 1139, disqualified people with felony convictions from running for certain public offices.
Eric Stevenson, who was representing himself, filed a notice removing the state-court case to the U.S. District Court for the Southern District of New York. The New York City Law Department, representing the commissioner defendants, filed an emergency motion asking the federal court to remand the case to state court. The commissioner defendants argued that the petition contained no federal claim. Eric Stevenson later joined their request for remand.
Court’s Analysis
Federal courts may decide only cases within their subject-matter jurisdiction. A defendant may remove a state-court case only when the federal district court could have heard the case originally. The court explained that removal rules are interpreted narrowly and that the party seeking federal jurisdiction bears the burden of showing that removal was proper.
The court determined that the petition raised only Local Law 15 and New York State Election Law. It therefore did not present a federal question. The court also found no diversity of citizenship among the parties. Although Eric Stevenson argued that Local Law 15 was unconstitutional and that the petition violated his civil rights, the court held that a federal issue raised only as a defense does not create federal jurisdiction.
The court also noted an independent reason for remand: when a case is removed under the general removal statute, all properly joined and served defendants must join in or consent to removal. The commissioner defendants opposed removal.
Disposition
Judge George B. Daniels held that the federal court lacked subject-matter jurisdiction. The court remanded the action to the Supreme Court of the State of New York, Bronx County, and directed the clerk to close the federal case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.