United States Fourth Circuit

In a prisoner's suit against police officers, which was removed from state court to federal court because it asserted violations of federal constitutional rights, the district court's order remanding the case back to state court is reversed, where: 1) the order was subject to appellate review, because it was not based on a perceived lack of subject matter jurisdiction or on a procedural defect in the removal process; and 2) the district court lacked grounds to remand, because the plaintiff asserted federal claims that gave the federal court jurisdiction, and the Prison Litigation Reform Act, which imposed certain procedural limitations on the prisoner's conduct of litigation in federal court, is not jurisdictional in nature.

Appellate Information

• Decided 03/16/2012
• Published 03/16/2012

Judges

• Wynn

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Andrew Lindemann