DAVIS V. CITY OF SHREVEPORT POLICE DEPT.
2012 WL 4189511 (2012)
NATURE OF THE CASE: Davis (P) opposed remand and filed two motions to dismiss the motion
to remand.
FACTS: Davis (P) filed pro se petition(s) against City of Shreveport Police Department
(D) and KSLA Channel 12 (D1) for various claims for libel, slander, malicious prosecution,
and defamation of character arising out of a May 15, 2011, traffic stop that resulted in a
charge of contributing to the delinquency of a minor against P. P contends that D1 defamed
him by broadcasting a story on the incident, which portrayed him as some type of sex
offender or 'Sex Predator rapist.' D removed the case to federal court pursuant to 28 U.S.C.
1441, on the sole basis of federal question jurisdiction, 28 U.S.C. 1331. The notice of
removal conspicuously failed to address whether D1, joined in, or otherwise consented to
removal. D1 via the instant motion to remand did not consent to removal. P filed an
opposition to the motion to remand wherein he emphasized that he properly joined both Ds.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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