Jenkins v. Carruth

MEMORANDA OPINION AND ORDERS

NEESE, Senior District Judge, sitting by designation.

I

A contested issue of law in this civil rights action, see 42 U.S.C. § 1983, is whether the Court should exercise pendent jurisdiction over the claims of the plaintiffs which arise under state law. Pretrial order herein of September 1, 1982, § V(a). Ordinarily, remedy for these types of injuries “ * * * must be sought in state court under tranditional tort-law principles. * * ” Baker v. McCollan (1979), 443 U.S. 137, 146, 99 S.Ct. 2689, 2695, 61 L.Ed.2d 433, 443[11, 12].

“ * * * [U]nlike a claim within the court’s…