Civil Procedure Keyed to Friedenthal
Borough of West Mifflin v. Lancaster
Facts
The plaintiffs alleged that security guards at a mall in West Mifflin “harassed, threatened, and assaulted” them. They requested help from the West Mifflin Police Department, but Officer Evan not only refused to rebuke the guards but also informed the plaintiffs that he would arrest them if they returned to the mall. Plaintiff Lindsey attempted for three weeks to learn why they had been thrown out of the mall. Finally, the plaintiffs returned to the mall, were accosted by security guards, and arrested by Officer Evan. The plaintiffs were convicted on charges stemming from the incident, but the convictions were overturned on appeal. They then filed this action, alleging, among other things, a federal civil rights violation under 42 U.S.C. Section: 1983. The defendants had the case removed to federal court, but the Magistrate Judge recommended a remand of the entire case. District Judge Lancaster adopted the recommendation and remanded the entire case. The defendants then sought this w rit of mandamus to prevent remand.
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