City of Mobile, In Re:

Because I believe that the district court correctly remanded the entire underlying case to state court, albeit under the wrong reasoning and statutory authority, I dissent. I agree with the majority that 28 U.S.C. § 1367(c) was the improper basis to support remand of the entire underlying case, which includes a

42 U.S.C. § 1983

claim, because section 1367(c) accords a district court discretion to decline supplemental jurisdiction over state law claims in definitive situations.1 I disagree, however, with the majority and the district court's dismissal of 28 U.S.C. § 1441(c) as the basis for…