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McLaughlin v. Winchester Community Unit District 1

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


July 30, 2008

MICHAEL MCLAUGHLIN, PLAINTIFF,
v.
WINCHESTER COMMUNITY UNIT DISTRICT 1, DEFENDANT.

The opinion of the court was delivered by: Richard Mills, U.S. District Judge

OPINION

Plaintiff Michael McLaughlin ("McLaughlin") seeks remand [d/e 3] to the state court. The motion is denied.

McLaughlin, a recent high school graduate, filed suit against his former school in the Circuit Court for Scott County, Illinois. The Complaint alleges that a school employee, Shelly Brennecke, accessed his records without permission or authorization, thereby causing him injury and violating the Illinois Student Records Act, 105 ILCS 10/1, et seq., and the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232(g).

On May 30, 2008, this case was removed to federal court based on federal question jurisdiction. On June 30, 2008, McLaughlin responded with a motion to remand to the state court.

McLaughlin argues for remand to the state court, because he has filed a motion to dismiss his FERPA claim in the state court. The motion, however, was filed well after the case was removed, and state courts lack jurisdiction after removal. Kern v. Huidekoper, 103 U.S. 485, 491, 26 L.Ed. 354 (1880); Fox Valley AMC/Jeep, Inc. v. AM Credit Corp., 836 F.2d 366, 367 (7th Cir. 1988); Eastern v. Canty, 75 Ill. 2d 566, 27 Ill. Dec. 752, 389 N.E.2d 1160, 1162 (1979). Therefore, the state court filing is a nullity.

Ergo, McLaughlin's motion to remand [d/e 3] is DENIED.

IT IS SO ORDERED.

ENTERED: July 28, 2008

Judge Richard Mills United States District Judge

20080730

© 1992-2008 VersusLaw Inc.



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