Gibson v. City of Glendale Police Department

DECISION AND ORDER

MYRON L. GORDON, Senior District Judge.

This removal action poses difficult and challenging questions implicating the federal removal statute, the Wisconsin “direct action” statute, and “pendent party” jurisdiction. The action, which was improperly removed, will be remanded to state court for lack of subject matter jurisdiction.

I

The action stems from the tragic death of Tracy L. Gibson following her fall from the roof of Nicolet High School on the evening of June 10, 1990. On October 23, 1990, the plaintiffs, Tracy Gibson’s mother, Patricia A. Gibson, and Wisconsin Health…