Ettlin v. Harris
United States District Court for the Central District of California
2013 WL 6178986 (2013)
Ettlin (plaintiff) participated in protest events near Los Angeles City Hall as part of the national “Occupy” movement. Based on various police actions during the events, Ettlin brought suit in Los Angeles Superior Court against the Attorney General, judges, and the Los Angeles County Supervisors (defendants). Ettlin alleged federal civil rights violations, federal racketeering (RICO) violations, and related state law claims. The county supervisors removed the suit to federal court without the consent of the other defendants. Under the unanimity rule of 28 U.S.C. § 1446, if an action is removed pursuant to 1441(a), all defendants must consent to the removal. Ettlin filed a motion to remand the suit to state court based on the lack of unanimous consent among the defendants.
Rule of Law
Holding and Reasoning (Carter, J.)
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