Burnett v. Birmingham Board of Education

MEMORANDUM OPINION

ACKER, District Judge.

Following defendants’ removal of the above-entitled case from the Circuit Court of Jefferson County pursuant to 28 U.S.C. §§ 1331 and 1343, upon the allegation that a federal question under 42 U.S.C. § 1983 is presented, plaintiffs timely filed a motion to remand, invoking 28 U.S.C. § 1441(c) and asserting that because state law predominates the entire “matter” should be remanded.

Plaintiffs, Emma Burnett, et al., are employees of defendant, Birmingham Board of Education. Plaintiffs’ state court complaint consisted of a petition for writ of mandamus…