Gresham v. District of Columbia ( 2009 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CAPTAIN MELVIN GRESHAM, :
:
Plaintiff, :
:
v. : Civil Action No. 09-0029 (JR)
:
DISTRICT OF COLUMBIA, :
:
Defendant. :
MEMORANDUM
The controlling precedent that defeats plaintiff's
invocation of this Court's diversity jurisdiction is Long v.
District of Columbia, 820 F.2d 409, 414 (D.C. Cir. 1987). The
Circuit could not have been clearer in its holding: "[T]he
District, like the fifty states, is not subject to diversity
jurisdiction." What if the District is considered a municipality
and not a state? "Irrespective of any labels, the District is
not subject to the diversity jurisdiction of the federal courts."
Counsel's argument about 28 U.S.C. § 1332(d) [#31] is
unimpressive -- the code section to which he refers is now s
1332(e). That section was added to the statute before Long was
decided, and the Circuit considered it, concluding, again with
crystal clarity, that "[i]n labeling the District a 'State' in
subsection (d), Congress did not intend to decide the question
whether the District itself is subject to diversity
jurisdiction."
The District's response to order of the court [#29],
treated as a motion to dismiss for want of subject matter
jurisdiction [see #30], will be granted. Plaintiff's remedy, if
he has one, must be pursued in the courts of the District of
Columbia.
JAMES ROBERTSON
United States District Judge
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