Baldwin Hills Medical Group v. Los Angeles County Metropolitan Transportation Authority

MEMORANDUM **

Delaney E. Smith, Jr., M.D. (hereinafter “Smith”) appeals pro se the district court’s judgment in favor of defendant-appellee Los Angeles County Metropolitan Transit Authority (“MTA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

*569 The parties are familiar with the procedural history. Smith first argues that the district court lacked jurisdiction because his claims arise under California workers’ compensation law, and, therefore, 28 U.S.C. § 1445 (c) 1 bars removal to federal court. We disagree.

Smith’s complaint alleged violations of 42 U.S.C. §§ 1983 and 1985. Therefore, the district court had jurisdiction pursuant to 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”). Removal was available because the district court had original jurisdiction to decide the claim arising under federal law. 28 U.S.C. § 1441 (b). Assuming, only for the purpose of argument, that Smith’s claims are ones “arising under” California workers’ compensation law, Smith filed an amended complaint in federal court. In these circumstances, Smith’s claims…