Mcbride v. Karumanch

2015 WL 4132974 (2015)

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Nature of the Case

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Facts

McBride (P) developed a rare skin disease after receiving treatment at a county hospital followed by her subsequent discharge to a local jail. P filed in federal court under diversity against Houston County Health Care Authority; D; Dr. Rajendra Paladugu; Dr. Rita Fairclough; the City of Dothan; Board of Commissioners of the City of Dothan; Mamie McCory; Stephanie Johnson; Williams Banks; Belinda Robinson; and Greg Benton. She claimed that the Health Care Authority and the doctors committed medical malpractice in violation of Alabama law and that the City of Dothan and its correctional officers were deliberately indifferent to her medical needs in violation of the United States Constitution and were negligent in violation of Alabama law. P asserted diversity-of-citizenship jurisdiction (28 U.S.C. § 1332) as well as federal-question (28 U.S.C. § 1331) and supplemental jurisdiction (28 U.S.C. § 1367). Ds moved for summary judgment. All defendants except the Health Care Authority, D, Correctional Officers McCory and Johnson, and the City of Dothan either had been dismissed or had summary judgment entered in their favor. The correctional officers appealed on qualified-immunity grounds. The court stayed the litigation as to those two defendants as well as to the City of Dothan. The Health Care Authority was also dismissed. This left D with a state-law claim. D claimed that P lived in Alabama at the time of filing suit. D also lived in Alabama, and thus, the court lacked diversity jurisdiction. P claimed she lived in Florida. The court asked for briefing on whether it had diversity jurisdiction pursuant to 28 U.S.C. § 1332 or supplemental jurisdiction pursuant to 28 U.S.C. § 1367 to try the remaining state-law claim.