If I refile the lawsuit in Maricopa County Superior Court
I will probably have to remove the Federal Charges from
it. But other then that I can use a copy of the lawsuit
the New Times filed against Sheriff Joe and Maricopa
County Attorney Andrew Thomas.
If the Gotbaum family wants this case to be transferred from federal court back to state court, they need only dismiss the federal claims Gotbaum case against Phoenix moved to federal court by Jahna Berry - May. 21, 2008 03:34 PM The Arizona Republic A federal judge will help decide the fate of the legal battle between Phoenix officials and Carol Gotbaum's family. City lawyers successfully argued that the Gotbaums' wrongful-death lawsuit should move from the county courthouse to federal court - a forum that may give the city an edge. The case was transferred to federal court on Friday, the Gotbaum family attorney said. "The City removed the Gotbaum case to federal court because the Gotbaum family alleged violations of federal law," said city spokeswoman Toni Maccarone. "If the Gotbaum family wants this case to be transferred from federal court back to state court, they need only dismiss the federal claims," she added. Carol Gotbaum, 45, died in police custody on Sept. 28 at Phoenix Sky Harbor International Airport after she was shackled and left alone in a holding cell. Gotbaum's family filed an $8 million claim against the city. The officers who arrested Gotbaum used excessive force, violated her civil rights, improperly shackled her and broke internal police rules, the claim said. The county medical examiner ruled that Gotbaum accidentally strangled to death in her restraints. She also concluded that Gotbaum's blood alcohol level was three times the legal limit for driving and that she had taken prescription antidepressants. The family filed a lawsuit on May 8. Some attorneys feel that county courts - which are part of the state court system - are a friendlier place for people who file lawsuits, said Michael Manning, a lawyer who represents the Gotbaum family. Federal cases can take longer to go to trial. Also, federal juries have to unanimously agree on allegations in a civil case. In state court lawsuits, only a majority of the jury has to agree, he said. Manning, however, downplayed the decision. "Our preference would be for state court," said the lawyer who represents Carol Gotbaum's estate and her three small children. Sometimes federal court is slow, but the case's new judge, U.S. District Court Judge David Campbell has a reputation for moving cases along, Manning added. "For the kids and for the family, it's better to get it over with as soon as possible," Manning said. "The longer it languishes, the more pain for the bereaved party." Dramatic footage of Carol Gotbaum's arrest helped make her death national news. Gotbaum also comes from a politically influential family. Her mother-in-law, Betsy Gotbaum is a New York City elected official. Her father-in-law is a former labor leader.
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