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Fields v. Sprint Corp.

United States District Court, E.D. Virginia, Richmond Division

September 9, 2016

NEAL K. FIELDS, Plaintiff,
v.
SPRINT CORPORATION et al., Defendants.

          MEMORANDUM OPINION

         This matter comes before the Court sua sponte on the Court's consideration of its subject matter jurisdiction over the state law claims remaining. Plaintiff Neal K. Fields brings this action in this Court invoking jurisdiction pursuant to 28 U.S.C. §§ 1331, [1] 1343, [2] and 1367.[3] Fields enumerates fifteen counts in his Amended Complaint. Following the filing of two motions to dismiss for failure to state a claim, Fields voluntarily dismissed his case against one defendant and conceded certain claims against the others. At Fields's request, the Court will dismiss the conceded claims, which include the lone remaining federal claim upon which this Court's original jurisdiction rests. Only seven state law claims will remain.

         The Court must next decide whether to exercise supplemental jurisdiction over those claims for which it does not have original jurisdiction. For the reasons that follow, the Court will decline to exercise supplemental jurisdiction over Fields's state law claims, and the Court will dismiss the action without prejudice.

         I, Procedural Background

         This dispute arises from Fields's December 2014 visit to a Sprint Store in North Chesterfield, Virginia, which ultimately led to Fields's arrest by the Chesterfield County Police Department. As a result of his arrest, Fields alleges, among other things, to have received an unpaid suspension from his then-employer and suffered ridicule from the community at large. Fields now brings suit against three defendants: Sprint Corporation, a corporation incorporated in Delaware with a principal place of business in Kansas; Mariano Almonte, an individual employed by Sprint in Virginia, whom Fields alleges has since left the Commonwealth; and, Kevin P. Gruarin, an officer with the Chesterfield County Police Department who is domiciled in Virginia. Fields's First Amended Complaint[4] states the following counts:

(1) Count I: Malicious prosecution against Sprint Corporation and Almonte;
(2) Count II: Negligence against Sprint Corporation;
(3) Count III: Negligence against Sprint Corporation and Almonte;
(4) Count IV: Gross negligence against Sprint Corporation;
(5) Count V: Gross negligence against Almonte;
(6) Count VI: False arrest against Sprint Corporation and Almonte;
(7) Count VII: Intentional infliction of emotional distress against Sprint Corporation and Almonte;
(8) Count VIII: Slander and slander/?er se against Sprint Corporation and Almonte;
(9) Count DC: Malicious prosecution (state law) against Gruarin;
(10) Count X: Malicious prosecution under 42 U.S.C. § 1983 against Gruarin;
(11) Count XI: False arrest against Gruarin;
(12) Count XII; 42 U.S.C. ยง 1983 claim ...

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