Scribd Logo
Upload

Welcome to Scribd!

  • Brunson Case Gov - Uscourts.utd.139026.1.0

    Uploaded by

    Freeman Lawyer
    164 views4 pages
    This document provides a notice of removal from a Utah state court to federal court. Three Supreme Court Justices - Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson - are removing a lawsuit filed against them in their official capacities to the United States District Court for the District of Utah. The plaintiff, Raland Brunson, had filed a complaint in state court asserting claims of breach of contract, intentional infliction of emotional distress, fraud, and civil conspiracy based on the Supreme Court's denial of his petition for writ of certiorari. The Justices argue removal is appropriate under 28 U.S.C. 1442(a) as the defendants are officers of the Supreme Court being

    Original Description:

    Brunson Case USDC Document 139026 - 1.0

    Original Title

    Brunson Case Gov.uscourts.utd.139026.1.0

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document provides a notice of removal from a Utah state court to federal court. Three Supreme Court Justices - Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson - are removing a lawsuit filed against them in their official capacities to the United States District Court for the District of Utah. The plaintiff, Raland Brunson, had filed a complaint in state court asserting claims of breach of contract, intentional infliction of emotional distress, fraud, and civil conspiracy based on the Supreme Court's denial of his petition for writ of certiorari. The Justices argue removal is appropriate under 28 U.S.C. 1442(a) as the defendants are officers of the Supreme Court being

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    164 views4 pages

    Brunson Case Gov - Uscourts.utd.139026.1.0

    Uploaded by

    Freeman Lawyer
    This document provides a notice of removal from a Utah state court to federal court. Three Supreme Court Justices - Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson - are removing a lawsuit filed against them in their official capacities to the United States District Court for the District of Utah. The plaintiff, Raland Brunson, had filed a complaint in state court asserting claims of breach of contract, intentional infliction of emotional distress, fraud, and civil conspiracy based on the Supreme Court's denial of his petition for writ of certiorari. The Justices argue removal is appropriate under 28 U.S.C. 1442(a) as the defendants are officers of the Supreme Court being

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 4

    Case 1:23-cv-00042-JCB Document 1 Filed 04/12/23 PageID.

    1 Page 1 of 4

    TRINA A. HIGGINS, United States Attorney (7349)


    AMANDA A. BERNDT, Assistant United States Attorney (15370)
    Attorneys for the United States of America
    111 South Main Street, Suite 1800
    Salt Lake City, Utah 84111
    (801) 524-5682
    [email protected]

    UNITED STATES DISTRICT COURT


    DISTRICT OF UTAH

    RALAND J. BRUNSON,

    Plaintiff, NOTICE OF REMOVAL


    PURSUANT TO 28 U.S.C. § 1442(a)
    v.

    SONIA SOTOMAYOR, ELENA KAGAN, Case No. 1:23-cv-00042


    KETANJI BROWN JACKSON, in their official
    capacities as Justices of the Supreme Court of Formerly Utah State Court Case No.
    the United States, and JOHN and JANE DOES 230901367
    1-100,

    Defendants.

    Defendants Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson (collectively

    Defendants), through undersigned counsel, hereby submit this notice of removal of the above-

    captioned civil action from the Second Judicial District in the State of Utah, to the United States

    District Court for the District of Utah, pursuant to 28 U.S.C. § 1442(a), and in support state:

    1. On March 7, 2023, plaintiff Raland Brunson filed a complaint against Defendants,

    in their official capacities as Associate Justices of the United States Supreme Court, in the

    Second Judicial District, Case No. 230901367. Plaintiff asserts claims for breach of contract,

    intentional infliction of emotional distress, fraud, and civil conspiracy. Plaintiff’s claims are
    Case 1:23-cv-00042-JCB Document 1 Filed 04/12/23 PageID.2 Page 2 of 4

    premised on the Supreme Court’s denial of his petition for writ of certiorari in Brunson v.

    Adams, et al., No. 22-380.

    2. A copy of the complaint in the state court is attached as Exhibit A, in accordance

    with 28 U.S.C. § 1446(a). Neither a summons nor a complaint has been served on the United

    States Attorney’s Office.

    3. Pursuant to 28 U.S.C. § 1442(a)(3), any civil action commenced in a state court

    against officers of the courts of the United States that relates to the performance of their duties

    may be removed to the district court for the district and division embracing the place where the

    state court action is pending. Thus, because Defendants are officers of the Supreme Court of the

    United States and plaintiff asserts claims against them in their official capacities as Associate

    Supreme Court Justices, removal under § 1442(a)(3) is appropriate.

    4. Accordingly, pursuant to 28 U.S.C. §§ 1442(a) and 1446(a), this Notice of

    Removal is being filed in the United States District Court for the District of Utah, within which

    plaintiff filed the state court action.

    5. In accordance with 28 U.S.C. § 1446(a) and DUCivR 81-2(b)(2), a copy of the

    state court docket is attached as Exhibit B. No scheduling order has been entered in the state

    court action.

    6. Upon the filing of this Notice of Removal, Defendants will timely file a copy of

    the Notice with the clerk of the State Court in which the action is pending, and notice shall be

    given to all adverse parties, pursuant to 28 U.S.C. § 1446(d).

    7. By removing this case to federal court, Defendants do not waive any available

    defense, nor do they admit any allegations in the Complaint.

    2
    Case 1:23-cv-00042-JCB Document 1 Filed 04/12/23 PageID.3 Page 3 of 4

    WHEREFORE, this action now pending in the Second Judicial District for the State of

    Utah is properly removed to this court pursuant to 28 U.S.C. § 1442(a).

    Dated this 12th day of April, 2023.

    TRINA A. HIGGINS
    United States Attorney

    /s/ Amanda A. Berndt


    AMANDA A. BERNDT
    Assistant United States Attorney

    3
    Case 1:23-cv-00042-JCB Document 1 Filed 04/12/23 PageID.4 Page 4 of 4

    CERTIFICATE OF SERVICE

    The undersigned employee of the United States Attorney’s Office hereby certifies that on

    April 12, 2023, the following document:

    Notice of Removal

    was served by U.S. Mail and electronic mail to the following individual:

    Raland J. Brunson
    4287 South Harrison Boulevard, #132
    Ogden, Utah 84403
    [email protected]

    /s/ Amanda A. Berndt


    AMANDA A. BERNDT
    Assistant United States Attorney

    You might also like