Borough Of West Mifflin v. Lancaster

45 F.3rd 780 (3rd. Cir. 1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.