BOROUGH OF WEST MIFFLIN V. LANCASTER
45 F.3rd 780 (3rd. Cir. 1995)
NATURE OF THE CASE: This was a writ to compel acceptance of jurisdiction.
FACTS: Lindsey and Randall were involved in various incidents involving security guards
and their ability to enter a commercial mall. Eventually they were arrested for disorderly
conduct and their pictures and names were posted in the mall and warned not to enter ever
again. They were prosecuted and found guilty in a court common pleas but that was overturned
by a three judge panel. They then sued for malicious prosecution and because the claim
stated a 1983 charge it was removed to federal court. The federal judge then remanded the
case back to state court because the other charges of malicious prosecution, abuse of
process, assault, conspiracy, negligence, etc. were issues such that state law predominated
the matter. D filed a writ of mandamus for the federal court to accept jurisdiction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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