Summary
The United States District Court for the District of Connecticut denies Carmine Amelio’s motion for reconsideration of the determination that the court lacks subject matter jurisdiction. The court rejects asserted bases for diversity jurisdiction, federal-question jurisdiction based on a counterclaim, and removal jurisdiction under 28 U.S.C. § 1443, and orders the case remanded to Connecticut Superior Court.
Court
United States District Court for the District of Connecticut
Jurisdiction
United States District Court for the District of Connecticut
Decision date
June 26, 2026
Docket number
3:25-cv-1994 (VAB)
Disposition
remanded
Questions Presented
- Whether Defendant satisfied the strict standard for reconsideration by identifying overlooked controlling law or evidence that would alter the prior jurisdictional ruling.
- Whether the submitted deed and utility bill established Defendant's New York domicile for purposes of diversity jurisdiction under 28 U.S.C. § 1332.
- Whether Defendant's counterclaim could establish federal-question jurisdiction over Plaintiff's complaint under 28 U.S.C. § 1331.
- Whether Defendant established removal jurisdiction under 28 U.S.C. § 1443.
Holdings
- Reconsideration was properly denied because Defendant identified no controlling decision, overlooked evidence, or intervening change in law that could reasonably alter the prior conclusion that the federal court lacked subject matter jurisdiction.
- The deed and utility bill did not establish Defendant's domicile in New York as of the relevant filing and removal dates; therefore, Defendant failed to establish diversity jurisdiction under 28 U.S.C. § 1332.
- A counterclaim, even one based exclusively on federal substantive law, cannot provide federal-question jurisdiction over the plaintiff's complaint.
- Defendant failed to establish removal jurisdiction under § 1443 because his claim did not involve specific civil rights stated in terms of racial equality, and the record did not show that Connecticut courts would deny or be unable to enforce those rights.
Court Document
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