Routh v. CITY OF PARKVILLE, MISSOURI

MEMORANDUM AND ORDER

SACHS, District Judge.

This civil rights suit under 42 U..S.C. § 1983 was initially brought in state court and removed by defendants to this court. Plaintiff seeks a remand, asserting that he has been given an option to use the state courts and has the right to maintain his action there. State and federal courts have concurrent jurisdiction over § 1983 cases.

Several distinguished judges have followed the rule that “where Congress has provided for concurrent jurisdiction in state and federal courts, the claim may be asserted in either court and removal on the basis of…