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Caranchini v. Hayden

United States District Court, D. Kansas

April 3, 2019

GWENDOLYN G. CARANCHINI, Plaintiff,
v.
CALVIN HAYDEN, et al., Defendants.

          MEMORANDUM AND ORDER

          CARLOS MURGUIA, UNITED STATES DISTRICT JUDGE

         Pro se plaintiff Gwendolyn G. Caranchini filed the present lawsuit against defendants Calvin Hayden, the Johnson County, Kansas Detention Center, Correct One Solutions, and Sheriffs of Johnson County, Kansas in Johnson County, Kansas district court on February 6, 2019. Defendants Johnson County, Kansas Detention Center and Sheriff Calvin Hayden removed the case to this court on February 7, 2019, citing jurisdiction under 28 U.S.C. § 1343(a). The matter is now before the court on plaintiffs Motion to Remand (Doc. 7).

         On February 9, 2017, deputies from the Johnson County Sheriffs Department arrested plaintiff on telephone harassment charges. Plaintiff was taken to the Johnson County Jail where she was held until she was released the following evening on bond. She was incarcerated for approximately 36 hours.

         Plaintiff cites various instances that occurred during her incarceration that are the basis of her lawsuit:

• She was not brought before a judge to be given the reason for her incarceration,
• She was not given an opportunity to make a telephone call to her lawyer or to make bail,
• She was not given an opportunity to post bail,
• She was denied her medications or the opportunity to see a doctor or nurse,
• She was placed in a cell with bright lights which intensified her migraine headaches,
• She was denied food that complied with her restricted diet,
• She was denied water,
• She was assaulted by multiple sheriffs who “humped her sexually” and then dragged her to another cell.

         Plaintiff filed a 66-page complaint in the Johnson County, Kansas District Court, which defendants then removed to this court. Plaintiff seeks actual damages, punitive damages, and injunctive relief, but does not clearly state the legal basis for each of her claims. She does, however, mention that defendants violated her “constitutional rights” and her “civil liberties.” Under 28 U.S.C. § 1441(a), a defendant may remove to federal court “any civil action brought in a State court of which the district courts of the United States have original jurisdiction.” Federal district courts have original jurisdiction over civil actions commenced by any person:

(1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any ...

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