Lisenby v. Lear, No. 10-6462

Decided Mar. 16, 2012

Defendants removed to federal court an action filed against them in state court by Plaintiff. The district court remanded the case to state court, in part based on Plaintiff’s status as a “three-strikes” prisoner due to his frequent legal filings. The Fourth Circuit reversed the district court, finding that the district court lacked a statutory or legal basis to remand Plaintiff’s action to state court. There was no perceived lack of subject matter jurisdiction or procedural defect in the removal process. Therefore, because Plaintiff asserted federal claims against Defendants, remand to the state court was improper.

Full Opinion

-Sara I. Salehi

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