San Jacinto Savings & Loan v. Kacal

The original plaintiff, San Jacinto Savings and Loan, initiated this action by filing suit against Kathy Kacal, Defendant/Third-Party Plaintiff-Appellant (Kacal), in Texas state court for breach of a lease. Kacal asserted a third-party claim against the City of Waxahachie, Texas (the City) and a city police officer, Tommy Hale (Hale), collectively, the Third-Party Defendants-Appellees, for violation of 42 U.S.C. § 1983, the fourth, fifth, and fourteenth amendments of the United States Constitution, and the Texas Tort Claims Act. Hale and the City removed the case to the United States District Court for the Northern District of Texas. After removal, the trial court assigned this case to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) for all further proceedings. The Magistrate Judge entered a Rule 54(b) judgment dismissing all of Kacals federal law claims against Hale and the City and remanding to state court the remaining state law claims. Kacal timely appealed challenging the dismissal of her federal claims.