Janan v. Shelden et al. Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ANNE JANAN, Plaintiff, vs. No. _______________________ OFFICER SHELDON, ALBUQUERQUE POLICE DEPARTMENT, RICHARD J. BERRY, Mayor of Albuquerque, CITY OF ALBUQUERQUE, SUSANNA MARTINEZ, Governor of the State of New Mexico, THE NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD, NEW MEXICO WORKFORCE SOLUTIONS, and THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendants. NOTICE OF REMOVAL Pursuant to 28 U.S.C. §§ 1441(b), 1442, and 1446(a), Officer Gerald Shelden (incorrectly spelled and styled by Plaintiff as “Sheldon”), the Albuquerque Police Department, Richard J. Berry, and the City of Albuquerque (“City”) (collectively “City Defendants”), give Notice of Removal to this Court of the civil action filed in the Second Judicial District of New Mexico, County of Bernalillo, Cause No. D-202-CV-2014-07839, by Anne Janan (“Plaintiff”) against the Defendants, and as grounds states: 1. On December 19, 2014, the Complaint for Breach of Contract, Discrimination in Hiring, for Personal Injury, Damages, Appeals of the EEOC and New Mexico Workforce Solutions’ Decisions was filed in this action. The state court record is submitted herewith. 2. The claims stated against the Defendants in this case are subject to the jurisdiction of this Court pursuant to 28 U.S.C. §1331 and are removable pursuant to 28 U.S.C. §1441(a) because the Complaint is founded on a claim or right arising under the Constitution, treaties, or Case 1:15-cv-00059-SCY-KBM Document 2 Filed 01/21/15 Page 1 of 4
Transcript
Janan v. Shelden et al.
Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANNE JANAN,
Plaintiff,
vs. No. _______________________
OFFICER SHELDON,
ALBUQUERQUE POLICE DEPARTMENT,
RICHARD J. BERRY, Mayor of Albuquerque,
CITY OF ALBUQUERQUE,
SUSANNA MARTINEZ, Governor of the State of New Mexico,
THE NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD,
NEW MEXICO WORKFORCE SOLUTIONS, and
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Defendants.
NOTICE OF REMOVAL
Pursuant to 28 U.S.C. §§ 1441(b), 1442, and 1446(a), Officer Gerald Shelden (incorrectly
spelled and styled by Plaintiff as “Sheldon”), the Albuquerque Police Department, Richard J.
Berry, and the City of Albuquerque (“City”) (collectively “City Defendants”), give Notice of
Removal to this Court of the civil action filed in the Second Judicial District of New Mexico,
County of Bernalillo, Cause No. D-202-CV-2014-07839, by Anne Janan (“Plaintiff”) against the
Defendants, and as grounds states:
1. On December 19, 2014, the Complaint for Breach of Contract, Discrimination in
Hiring, for Personal Injury, Damages, Appeals of the EEOC and New Mexico Workforce
Solutions’ Decisions was filed in this action. The state court record is submitted herewith.
2. The claims stated against the Defendants in this case are subject to the jurisdiction
of this Court pursuant to 28 U.S.C. §1331 and are removable pursuant to 28 U.S.C. §1441(a)
because the Complaint is founded on a claim or right arising under the Constitution, treaties, or
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Janan v. Shelden et al.
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laws of the United States. Specifically, the Complaint alleges that the Albuquerque Police
Department’s physical agility requirements for Police Officers and Police Service Aides are
discriminatory, and “adversely impact the hiring opportunities for women and people over 40 in
the hiring process, as well as the disabled.” Compl. ¶ 28. Plaintiff alleges a violation of “’the
laws enforced by the EEOC’” (Compl. ¶ 26), and Title VII of the Civil Rights Act of 1964, as
amended.
3. Additionally, under 28 U.S.C. § 1442(a)(1), a civil action commenced against an
agency of the United States may be removed to federal court. Willingham v. Morgan, 395 U.S.
402, 406 (1969). Defendant Equal Employment Opportunity Commission is an agency of the
United States.
4. Further, to the extent, if any, defendant complains of common law torts against an
agency of the United States, this action is controlled by the Federal Tort Claims Act, 28 U.S.C.
§§ 1346 and 2671, and arises under federal law for purposes of 28 U.S.C. § 1331.
5. An actual controversy exists because the Complaint alleges the Defendants
deprived Plaintiff of her civil rights pursuant to Title VII of the Civil Rights Act of 1964, as
amended.
6. This Notice is filed in this Court within thirty days after receipt of the Summons
and Complaint on the Defendant, as required by 28 U.S.C. §1446(b).
7. Pursuant to 28 U.S.C. §1446(d), copies of the Notice of Removal will be
promptly given to all adverse parties and a copy of the Notice of Removal will be filed with the
Clerk of the Second Judicial District Court, County of Bernalillo, State of New Mexico.
8. All Defendants consent to this removal.
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Janan v. Shelden et al.
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9. A copy of all process and pleadings that have been served upon the City
Defendants are attached in this Notice of Removal.
10. City Defendants hereby demands a trial by a six (6) person jury on all issues
contained herein.
Respectfully submitted:
CITY OF ALBUQUERQUE
Jenica L. Jacobi
Interim City Attorney
/s/Melissa M. Kountz
Melissa M. Kountz
Samantha M. Hults
Marie Legrand Miller
Kellie J. Garcia
Assistant City Attorneys
P. O. Box 2248
Albuquerque, NM 87103
Phone: (505) 768-4500; Fax: (505) 768-4440
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Janan v. Shelden et al.
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Certificate of Service
I certify that on this 21st day of January, 2015, I served the following by the method and at the
