Bartakian v. County of Clark

Summary

The Ninth Circuit affirmed the dismissal of Jackie S. Bartakian’s federal claims against Clark County and county managerial employees after she failed to amend her complaint. The court held that removal was proper because the complaint raised constitutional claims, and that the federal claims were insufficiently pleaded; it affirmed dismissal of those claims and remand of the remaining state-law claim.

Holdings

1. Removal was proper because Bartakian raised constitutional claims presenting federal-question jurisdiction.
2. The district court properly dismissed Bartakian's federal claims because the complaint failed to allege facts sufficient to state a federal claim, and Bartakian failed to amend after being given the opportunity to do so.
3. After dismissing the federal claim, the district court properly remanded the remaining pendent state-law claim.

Questions Presented

1. Whether removal to federal court was proper because the complaint raised constitutional claims.
2. Whether the district court properly dismissed the federal claims for failure to allege facts sufficient to state a federal claim after Bartakian failed to amend.
3. Whether the district court properly remanded the pendent state-law claim after dismissing the federal claims.

Disposition

affirmed