No. 25-995

Venisha Arnold v. 1600 West Loop South, L.L.C., dba The Post Oak at Uptown Houston, et al.

Lower Court: Fifth Circuit
Docketed: 2026-02-20
Status: Pending
Type: Paid
Response Waived
Tags: remand removal-jurisdiction reserve-law-enforcement section-1983-liability state-actor-doctrine subject-matter-jurisdiction
Latest Conference: 2026-04-17
Question Presented (from Petition)

1. Where there is a lack of subject matter jurisdic tion after all federal claims have been dismissed from a case that started in state court and the only remain ing claims are state law claims a federal court whether trial or appellate must remand a case based on there being no jurisdiction for the case to be in federal court after removal by not remanding the case a federal court is departing from established legal procedures?

2. Whether a reserve member of law enforcement can be viewed as a state actor under 42 U.S.C. § 1983 when that reserve member of law enforcement is re quested to investigate a possible crime because that person is a reserve member of law enforcement?

Question Presented (AI Summary)

Whether a federal court must remand a case to state court when it lacks subject matter jurisdiction after all federal claims are dismissed and only state law claims remain, and whether a reserve member of law enforcement can be considered a state actor under 42 U.S.C. § 1983 when investigating a possible crime

Docket Entries

2026-04-01
DISTRIBUTED for Conference of 4/17/2026.
2026-02-27
Waiver of right of respondents 1600 West Loop South, L.L.C, d/b/a The Post Oak at Uptown Houston; Joshua Barry to respond filed.
2026-02-09
Petition for a writ of certiorari filed. (Response due March 23, 2026)

Attorneys

1600 West Loop South, L.L.C, d/b/a The Post Oak at Uptown Houston; Joshua Barry
Antonio Xavier MiltonAhmad, Zavitsanos & Mensing PLLC, Respondent
Venisha Arnold
Venisha D. Arnold — Petitioner