Richmond v. Minnesota, No. 14-3566, 2014 WL 5464814 (D. Minn. Oct. 27, 2014) (Schiltz, J.)

Date: 
Monday, October 27, 2014

Richmond v. Minnesota, No. 14-3566, 2014 WL 5464814 (D. Minn. Oct. 27, 2014) (Schiltz, J.)

Re: Plaintiff's contention that defendants failed to turn over certain records to plaintiff

Disposition: Adopting Magistrate Judge's Report and Recommendation; dismissing plaintiff's complaint

  • Litigation Considerations, Jurisdiction:  The court finds that "because each of the parties to this litigation is a citizen of Minnesota (and thus jurisdiction based on diversity of citizenship does not apply), this Court has jurisdiction over this lawsuit only if the action arises 'under the Constitution, laws, or treaties of the United States.'"  The court notes that "[t]he only federal law referenced by Richmond in his complaint is the Freedom of Information Act."  The court holds that "[n]o federal agency is a party to this litigation, and thus FOIA has no relevance to this suit."  "Any claim under FOIA fails, and consequently, there is no federal question presented to support jurisdiction in this Court."
Topic: 
District Court
Jurisdiction
Litigation Considerations
Updated January 29, 2015