This document is a court opinion from the United States Court of Appeals for the Fourth Circuit vacating and remanding a lower court's decision in a medical malpractice case. The lower court had treated the plaintiff's state law medical malpractice claim, which invoked diversity jurisdiction, as a civil rights claim instead. The appeals court remands the case back to the lower court to determine the plaintiff's domicile and whether diversity jurisdiction exists, noting that a prisoner can maintain a domicile in a state other than where imprisoned for diversity purposes.
This document is a court opinion from the United States Court of Appeals for the Fourth Circuit vacating and remanding a lower court's decision in a medical malpractice case. The lower court had treated the plaintiff's state law medical malpractice claim, which invoked diversity jurisdiction, as a civil rights claim instead. The appeals court remands the case back to the lower court to determine the plaintiff's domicile and whether diversity jurisdiction exists, noting that a prisoner can maintain a domicile in a state other than where imprisoned for diversity purposes.
This document is a court opinion from the United States Court of Appeals for the Fourth Circuit vacating and remanding a lower court's decision in a medical malpractice case. The lower court had treated the plaintiff's state law medical malpractice claim, which invoked diversity jurisdiction, as a civil rights claim instead. The appeals court remands the case back to the lower court to determine the plaintiff's domicile and whether diversity jurisdiction exists, noting that a prisoner can maintain a domicile in a state other than where imprisoned for diversity purposes.
FOR THE FOURTH CIRCUIT HERMAN WILLIAMS, JR., Plaintiff-Appellant, v. DR. BALOCH; DR. HENRY; MR. MARTIN, Defendants-Appellees, No. 97-6787 and JOHN DOE, various unidentified defendants at Odom Correctional and Brown Creek Correctional, Defendant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-96-576-5-BO) Submitted: November 18, 1997 Decided: December 22, 1997 Before HAMILTON, LUTTIG, and MICHAEL, Circuit Judges. _________________________________________________________________ Vacated and remanded with instructions by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Herman Williams, Jr., Appellant Pro Se. Sharon Coull Wilson, Associate Attorney General, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Herman Williams, a North Carolina prisoner, appeals the district court's grant of summary judgment dismissing his medical malpractice claim. Appellant filed a medical malpractice action in federal court against various North Carolina prison medical personnel pursuant to 28 U.S.C.A. 1332 (West 1993 & Supp. 1997). Although Appellant invoked federal jurisdiction over his state law claim pursuant to 1332, the district court treated his claim as a civil rights action under 42 U.S.C.A. 1983 (West 1997). Because the district court failed to make a determination whether Appellant properly invoked federal jurisdiction pursuant to 1332, we vacate and remand. District courts have original jurisdiction over civil actions where the amount in controversy exceeds $75,000 and is between citizens of different states. 28 U.S.C.A. 1332(a)(1) (West 1993 & Supp. 1997). Appellant alleges that he was domiciled in Texas prior to his incarceration in North Carolina and thus is a citizen of Texas for diversity purposes. Defendants, citizens of North Carolina, have put forth no evidence disputing Appellant's allegation that Texas was his pre-incarceration domicile, but deny the existence of diversity jurisdiction based on Appellant's status as a North Carolina prisoner. The district court also apparently believed that Appellant's incarceration in North Carolina precluded him from showing diversity. However, courts have held that because domicile is a voluntary status, a prisoner may have as his domicile a state other than the state where he is imprisoned. See Sullivan v. Freeman, 944 F.2d 334, 337 (7th Cir. 1991). Accordingly, we vacate the district court order granting Defendants' motion for summary judgment and remand for a determination on Appellant's domicile and for the district court to take further action as its findings warrant. In light of this disposition, Appellant's motions for a default judgment and for a transcript at the govern2
ment's expense are denied. We dispense with oral argument because
the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. VACATED AND REMANDED WITH INSTRUCTIONS 3
Charles W. Anderson v. Jerry A. Hyatt, Superintendent, Sumter County Correctional Center, Parker Evatt, Commissioner, South Carolina Department of Corrections, Wade Kolb, Solicitor, Sumter County, Don Brown, Investigator, Sumter County Sheriff's Department, Hal Kennedy, Parole Officer, Clarendon County, Susan Bishop, Mary K. Herbert, Magistrate, Sumter County, Ron Stott, Fugitive Transfer Service, Individually and in Their Official Capacities, Municipality of Sumter County, 935 F.2d 267, 4th Cir. (1991)
United States v. Ishmael Ross Charles W. Ross Lula Maxine Prifogle, and 298.25 Acres of Land, More or Less, Situated in Wayne County, West Virginia Milton Ross & Unknown Owners 16,286.08 Acres of Land, M/l, Situated in Wayne County, State of West Virginia Columbia Gas Transmission Corporation and Unknown Owners, United States of America v. Billy C. Ross Roy W. Ross, and 298.25 Acres of Land, More or Less, Situated in Wayne County, West Virginia Milton Ross & Unknown Owners 16,286.08 Acres of Land, M/l Situated in Wayne County, State of West Virginia Columbia Gas Transmission Corporation and Unknown Owners, United States of America v. Dennis R. Ross Gloria M. Bivens Jeanette Ross Robert E. Thompson Ricky D. Ross Elizabeth A. Ross, and 298.25 Acres of Land, More or Less, Situated in Wayne County, West Virginia Milton Ross & Unknown Owners 16,286.08 Acres of Land, M/l, Situated in Wayne County, State of West Virginia Columbia Gas Transmission Corporation and Unknown Owners, United States