Williams v. Ragnone, 147 F.3d 700 (8th Cir. 1998). · Go Syfert
Williams v. Ragnone, 147 F.3d 700 (8th Cir. 1998). Cases Citing This Book View Copy Cite
111 citation events (104 in the last 25 years) across 12 distinct courts.
Strongest positive: McKuin Property v. Kenneth Dye (moed, 2026-05-13)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
cited Cited as authority (rule) McKuin Property v. Kenneth Dye
E.D. Mo. · 2026 · confidence medium
P’ship v. Essar Steel Minn. LLC, 843 F.3d 325, 329 (8th Cir. 2016) (quoting Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998)).
discussed Cited as authority (rule) WOLFE APARTMENTS, LLC v. SANDY PHILLIPS
E.D. Mo. · 2026 · confidence medium
Federal question jurisdiction arises where the “complaint establishes either that federal law creates the cause of action or that the plaintiff's right to relief necessarily depends on resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998) (citation and quotation marks omitted).
discussed Cited as authority (rule) Anthony Grygelko, Sr., and Katie Grygelko v. Amerihome Mortgage Company, LLC, et al.
D. Minnesota · 2025 · confidence medium
“Federal question jurisdiction exists if the well- pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.” Id. (quoting Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998)).
discussed Cited as authority (rule) Greene v. Simpson
D. Minnesota · 2025 · confidence medium
“Federal question jurisdiction exists if the well-pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.” Id. (quoting Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998)).
discussed Cited as authority (rule) Burchfield v. State Farm Insurance Company
E.D. Mo. · 2025 · confidence medium
Plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Williams-Goode v. State of Missouri
E.D. Mo. · 2024 · confidence medium
A plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Jamerson-Hollinshed v. Deutsche Bank National Trust
E.D. Mo. · 2024 · confidence medium
A plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
cited Cited as authority (rule) LaBatte v. Gangle
D.S.D. · 2024 · confidence medium
Id. (quoting Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998)).
cited Cited as authority (rule) Doe v. SSM Healthcare Corporation
E.D. Mo. · 2024 · confidence medium
Great Lakes, 843 F.3d at 329 (citing Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998)).
discussed Cited as authority (rule) Harry v. FBI
E.D. Mo. · 2023 · confidence medium
Plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Mungamuri v. City of Brentwood, MO
E.D. Mo. · 2023 · confidence medium
For there to be federal question jurisdiction, Plaintiff's Complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Emrit v. Jules
E.D. Mo. · 2023 · confidence medium
Plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Daugherty v. McCloskey
E.D. Mo. · 2023 · confidence medium
Plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Henderson v. Lyft Inc.
E.D. Mo. · 2023 · confidence medium
Plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Patterson v. Bank of America N.A.
E.D. Mo. · 2023 · confidence medium
That is, there is no indication “either that federal law creates the cause of action or that [plaintiffs’] right to relief necessarily depends on the resolution of a substantial question of federal law.” See Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Steffen v. Uplift, Inc.
D.S.D. · 2023 · confidence medium
Bank, 299 U.S. 109, 116 (1936); Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998) (quoting Franchise Tax Bd. v. Constr.
discussed Cited as authority (rule) Reiss v. Reiss
E.D. Mo. · 2022 · confidence medium
Plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Walker v. United States
E.D. Mo. · 2022 · confidence medium
Plaintiff's complaint must establish “either that federal law creates the cause of action or that the plaintiff's right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Eiland v. United States Postal Service
E.D. Mo. · 2022 · confidence medium
Plaintiff's complaint must establish “either that federal law creates the cause of action or. that the plaintiff's right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8" Cir. 1998).
discussed Cited as authority (rule) Eiland v. United States Postal Service
E.D. Mo. · 2022 · confidence medium
Plaintiff's complaint must establish “either that federal law creates the cause of action or that the plaintiff's right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8" Cir. 1998).
discussed Cited as authority (rule) Eiland v. United States Postal Service
E.D. Mo. · 2022 · confidence medium
Plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Streamtech Engineering LLC v. Horcher
E.D. Mo. · 2022 · confidence medium
P’ship v. Essar Steel Minnesota LLC, 843 F.3d 325, 329 (8th Cir. 2016) (“Federal question jurisdiction exists if the well- pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.”) (quoting Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998)).
discussed Cited as authority (rule) M.Y. v. Copeland
E.D. Mo. · 2021 · confidence medium
Plaintiff’s complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998).
discussed Cited as authority (rule) Schmitt v. Page
E.D. Mo. · 2021 · confidence medium
This raises a fundamental jurisdictional question of whether “plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.” Great Lakes Gas Transmission, 843 F.3d at 329 (quoting Williams, 147 F.3d at 702).
discussed Cited as authority (rule) Mille Lacs Band of Ojibwe v. County of Mille Lacs, Minnesota
D. Minnesota · 2020 · confidence medium
“Federal question jurisdiction exists if the well-pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.” Id. (quoting Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998)).
discussed Cited as authority (rule) Davis-Bey v. Bellefontaine Neighbors Police Department
E.D. Mo. · 2020 · confidence medium
Plaintiff's complaint must establish “either that federal law creates the cause of action or that the plaintiff's right to relief necessarily depends on the resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8" Cir. 1998).
discussed Cited as authority (rule) Schmaltz v. McKissic
E.D. Mo. · 2020 · confidence medium
In short, there is nothing in the amended complaint to demonstrate “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law.” See Williams, 147 F.3d at 702.
discussed Cited as authority (rule) Great Lakes Gas Transmission Ltd. Partnership v. Essar Steel Minnesota LLC
8th Cir. · 2016 · confidence medium
“Federal question jurisdiction exists if the well-pleaded complaint establishes- either that federal law creates the cause of action or that the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal law.” Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir. 1998) (citation and quotation marks omitted).
cited Cited as authority (rule) Great Lakes Gas Transmission Ltd. Partnership v. Essar Steel Minnesota, LLC
D. Minnesota · 2015 · confidence medium
See Grable, 545 U.S. at 314 , 125 S.Ct. 2363 ; Williams, 147 F.3d at 702. 1.
discussed Cited as authority (rule) Convent Corporation v. City of North Little Rock (2×)
8th Cir. · 2015 · confidence medium
“Rather, the court must consider the objective merits of removal at the time of removal, irrespective of the ultimate remand.”' Id. (citing Valdes, 199 F.3d at 292-93 ). [A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. 28 U.S.C. § 1441 (a). “ ‘[T]he presence of even one federal claim gives the defendant the right to remove the entire case to …
discussed Cited as authority (rule) Christiansen v. West Branch Community School District
8th Cir. · 2012 · confidence medium
By including federal claims in his state-court complaint, “[Christiansen] subjected himself to the possibility that the defendants would remove the case to federal court,” Williams v. Ragnone, 147 F.3d 700, 703 (8th Cir.1998), where his com *939 plaint would be governed by the current federal pleading standard.
discussed Cited as authority (rule) Smith v. Local Union No. 110, International Brotherhood of Electrical Workers (2×)
D. Minnesota · 2010 · confidence medium
E.g., Williams v. Ragnone, 147 F.3d 700, 702 (8th Cir.1998) (concluding that action alleging state-law claims in addition to Section 1983 claim was properly removed “notwithstanding the fact that [federal courts] share [original] jurisdiction with the courts of the state in which they sit”). 2 While such a claim could have been brought originally in either state or federal *999 court, where a plaintiff files such a claim in state court the defendant — at its election— may remove it to federal court.
cited Cited as authority (rule) Lundeen v. Canadian Pacific Railway Co.
D. Minnesota · 2004 · confidence medium
See Caterpillar, 482 U.S. at 392 , 107 S.Ct. 2425 ; Williams, 147 F.3d at 702.
examined Cited as authority (rule) McNerny v. Nebraska Public Power District (3×) also: Cited "see, e.g."
D. Neb. · 2004 · confidence medium
Williams, 147 F.3d at 702. “ ‘[T]he presence of even one federal claim gives the defendant the right to remove the entire case to federal court.’ ” Id. (quoting Gaming Corp. of Am. v. Dorsey & Whitney, 88 F.3d 536, 542 (8th Cir.1996)).
discussed Cited as authority (rule) Clay Regional Water v. City of Spirit Lake, Iowa
N.D. Iowa · 2002 · confidence medium
See, e.g., Maine v. Thiboutot, 448 U.S. 1, 3, n. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980) (finding concurrent jurisdiction over 42 U.S.C. § 1983 suits, despite federal procedural provisions in § 1988); Felder v. Casey, 487 U.S. 131, 147 , 108 S.Ct. 2302 , 101 L.Ed.2d 123 (1988) (stating “[ajlthough it is true that the principal remedy Congress chose to provide injured persons was immediate access to federal courts, it did not leave the protection of such rights exclusively in the hands of the federal judiciary, and instead conferred concurrent jurisdiction on state courts as well”) (ci…
discussed Cited as authority (rule) Mincy v. Staff Leasing, L.P. (2×) also: Cited "see, e.g."
D. Ariz. · 2000 · confidence medium
See, e.g., Doll v. U.S. West Communications, Inc., 85 F.Supp.2d 1038 (D.Col.2000) (stating that § 1441(c) does not allow for removal of the entire case when state law predominates); Lujan v. Earthgrains Baking Companies, Inc., 42 F.Supp.2d 1219, 1221-22 (D.N.M.1999) (indicating that the Tenth Circuit would most likely reject the argument that the amended removal statute allows for remand of federal claims); Hickerson v. City of New York, 932 F.Supp. 550, 558 (S.D.N.Y.1996); Eastus v. Blue Bell Creameries, 97 F.3d 100 (5th Cir.1996) (recognizing that district courts have authority to remand on…
discussed Cited as authority (rule) Marvin Fielder v. Credit Acceptance
8th Cir. · 1999 · confidence medium
However, the Truth in Lending claims have not been finally resolved, and in Williams v. Ragnone, 147 F.3d 700, 703 (8th Cir.1998), we broadly held that, because one federal claim was present, the “entire case was properly removed, and the district court was therefore without discretion to remand it.” (Emphasis added.) Williams v. Ragnone considered only the question of supplemental jurisdiction under § 1367(c) and the authority to remand under Cohill .
discussed Cited as authority (rule) Lujan v. Earthgrains Baking Companies, Inc.
D.N.M. · 1999 · confidence medium
Borough of West Mifflin v. Lancaster, 45 F.3d 780, 785-87 (3d Cir.1995); Buchner v. FDIC, 981 F.2d 816, 819-20 (5th Cir.1993); cf. Eastus v. Blue Bell Creameries, L.P., 97 F.3d 100 (5th Cir.1996) (recognizing district court had authority only to remand state claims not intertwined with federal question); Williams v. Ragnone, 147 F.3d 700, 703 (8th Cir.1998) (district court may not remand § 1983 claims merely because state court has concurrent jurisdiction). 10 .
discussed Cited "see" Stergen v. Stergen
E.D. Mo. · 2024 · signal: see · confidence high
See Williams, 147 F.3d at 702 (to establish federal question jurisdiction, the plaintiff must establish that federal law creates a cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law).
discussed Cited "see" Thurman v. Rug Doctor
E.D. Mo. · 2023 · signal: see · confidence high
See Williams v. Ragnone, 147 F.3d 700 , 702 (8th Cir. 1998) (explaining that to show federal question jurisdiction, the complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law”).
discussed Cited "see" Thurman v. Rug Doctor
E.D. Mo. · 2023 · signal: see · confidence high
See Williams v. Ragnone, 147 F.3d 700 , 702 (8th Cir. 1998) (explaining that to show federal question jurisdiction, the complaint must establish “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law”).
cited Cited "see" Aye v. Paada
E.D. Mo. · 2022 · signal: see · confidence high
See Williams, 147 F.3d at 702.
cited Cited "see" White v. Verzola
E.D. Mo. · 2020 · signal: see · confidence high
See Williams, 147 F.3d at 702.
discussed Cited "see" Barbero v. Davidson
E.D. Mo. · 2020 · signal: see · confidence high
See Williams, 147 F.3d at 702 (explaining that to establish federal question jurisdiction, a plaintiff's complaint must show “either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on the resolution of a substantial question of federal law’).
cited Cited "see" Gwenn Okruhlik, United States, Intervenor on Appeal v. The University of Arkansas, by and Through the Chairman of the Board of Trustees, J. Thomas May, and Its President, B. Allen Sugg Donald O. Pederson, in His Official and Individual Capacity Bernard L. Madison, in His Official and Individual Capacity Mark Cory, in His Official and Individual Capacity Adnan Haydar, in His Official and Individual Capacity Mounir Farah, in His Official and Individual Capacity Steven Neuse, in His Official and Individual Capacity Donald Kelley, in His Official and Individual Capacity Jeff Ryan, in His Official and Individual Capacity Todd Shields, in His Official and Individual Capacity Conrad Waligorski, in His Official and Individual Capacity, Ester Lunnie Dorothy Robinson Jean Crockett Gayle D. Portis, United States of America, Intervenor on Appeal v. University of Arkansas Board of Trustees, a Body Politic and Corporate William E. Clark, in His Individual and Official Capacity as a Member of the Board of Trustees Frances A. Cranford, in Her Individual and Official Capacity as a Member of the Board of Trustees Gary C. George, in His Individual and Official Capacity as a Member of the Board of Trustees Joe L. Hargrove, M.D., in His Individual and Official Capacity as a Member of the Board of Trustees James E. Lindsey, in His Individual and Official Capacity as a Member of the Board of Trustees J. Thomas May, in His Individual and Official Capacity as a Member of the Board of Trustees Frank W. Oldham, Jr., Jr., in His Individual and Official Capacity as a Member of the Board of Trustees Ned Ray Purtle, in His Individual and Official Capacity as a Member of the Board of Trustees Stanley Reed, in His Individual and Official Capacity as a Member of the Board of Trustees Charles E. Scharlau, Iii, in His Individual and Official Capacity as a Member of the Board of Trustees Bobby Justus, in His Individual and Official Capacity as Business Manager for Patient Care Services for the University of Arkansas for Medical Sciences, Linda Schilcher v. Board of Trustees of the University of Arkansas Donald O. Pederson, Vice Chancellor of Academic Affairs Bernard L. Madison, Dean of the College of Arts and Sciences Mark Cory, Associate Dean for International Programs Hoyt Purvis, Director of the Fulbright Institute for International Relations Adnan Haydar, Director of the King Fahd Program for Middle East Studies Mounir Farah, Associate Director of the King Fahd Program for Middle East Studies, Each in Their Official and Personal Capacities
8th Cir. · 2001 · signal: see · confidence high
See Williams v. Ragnone, 147 F.3d 700 , 703 (8th Cir. 1998).
cited Cited "see" Okruhlik v. University of Arkansas Ex Rel. May
8th Cir. · 2001 · signal: see · confidence high
See Williams v. Ragnone, 147 F.3d 700, 703 (8th Cir.1998).
discussed Cited "see, e.g." Cheney v. Studstrup
D. Utah · 1998 · signal: see, e.g. · confidence low
See, e.g., Williams v. Ragnone, 147 F.3d 700 , 702 (8th Cir.1998) (district court’s reliance on concurrent jurisdiction of state and federal courts over section 1983 claims in remanding to state court "was misplaced"); Dorsey v. City of Detroit, 858 F.2d 338, 341 (6th Cir.1988) ("The weight of judicial authority supports the conclusion that 'a Congressional grant of concurrent jurisdiction in a statute does not imply that removal is prohibited.'"); Keil v. CIGNA, 978 F.Supp. 1365, 1368 (D.Colo.1997) (When there are federal claims over which the federal court has original jurisdiction, “[t]…
Retrieving the full opinion text from the archive…
Randy Williams
v.
Peter Ray Ragnone, in His Individualand Official Capacity as Rapid City Police Officer City of Rapid City and Pennington County, South Dakota
97-1127.
Court of Appeals for the Eighth Circuit.
Jun 12, 1998.
147 F.3d 700
Cited by 31 opinions  |  Published

147 F.3d 700

Randy WILLIAMS, Appellee,
v.
Peter Ray RAGNONE, in his individualand official capacity as
Rapid City Police Officer; City of Rapid City;
and Pennington County, South Dakota, Appellants.

No. 97-1127.

United States Court of Appeals,
Eighth Circuit.

Submitted March 12, 1998.
Decided June 12, 1998.

Donald P. Knudson, Rapid City, SD, argued (James S. Nelson, on the brief), for Appellants.

Bruce H. Ellison, Rapid City, SD, argued, for Appellee.

Before BEAM and HEANEY, Circuit Judges, and KOPF,[1] District Judge.

BEAM, Circuit Judge.

[*~700]1

Randy Williams sued the defendants, Peter Ray Ragnone, the City of Rapid City, and Pennington County, South Dakota, in state court for alleged violations of 42 U.S.C. § 1983 and state law. The defendants removed to the United States District Court for the District of South Dakota, and now appeal from the district court's order remanding the action to state court. We vacate the order and remand this matter to the district court.

I. BACKGROUND

2

In the complaint filed in South Dakota state court, Williams alleged (1) that Ragnone, a city police officer, beat him during a traffic stop; (2) that other officers witnessed the battery, but failed to intervene; (3) that, after Williams was jailed, officers failed to provide him with medical treatment; and (4) that the city failed properly to train its officers to effectuate an arrest without the use of excessive force and provide immediate medical treatment to victims of police beatings. Williams asserted violations of section 1983, unreasonable search and seizure, and violation of his substantive due process rights under the federal and state constitutions, as well as conspiracy to commit these wrongs. He also included claims for battery, intentional infliction of emotional distress, and negligence as to the battery, the deprivation of medical care, and the hiring, retention, and training of Ragnone.

3

The defendants removed to federal court, asserting that removal was proper because Williams alleged a violation of rights under the United States Constitution pursuant to 42 U.S.C. § 1983, and the district court therefore had original jurisdiction pursuant to 28 U.S.C. § 1331. Williams then moved to remand to state court. The defendants opposed Williams's motion, reiterating that the district court had federal question jurisdiction, making the action removable pursuant to 28 U.S.C. § 1441(a) or (b). The district court granted Williams's motion to remand, citing the concurrent jurisdiction that federal and state courts share over section 1983 claims. The court found that section 1331 was not relevant, and noted that the court was "concerned here with the civil rights statute, 28 U.S.C. § 1443," which "pertain[ed] to the removal of civil rights cases" and applied only in cases involving racial inequality. The defendants moved for reconsideration, arguing that the district court exceeded its authority in remanding, because (1) the basis for removal was section 1441, not section 1443; (2) the court had original jurisdiction over the section 1983 claims; and (3) there were no defects in the removal procedure. The district court denied the motion. The defendants appeal.

II. DISCUSSION

[*~701]4

Initially, we acknowledge that 28 U.S.C. § 1447(d) states that "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise." The Supreme Court, however, has clarified that section 1447(d) bars appellate review only if the district court remands on the grounds articulated in section 1447(c), i.e., for lack of subject matter jurisdiction or defects in the removal procedure. See Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 116 S.Ct. 1712, 1718, 135 L.Ed.2d 1 (1996). Here, the district court stated that it remanded this case in its discretion, rather than for a reason listed in section 1447(c). We are therefore not barred by section 1447(d) from reviewing the district court's decision to remand. Furthermore, though a remand order is not formally a final judgment, it is reviewable on appeal to the extent that it "conclusively determine[s] a disputed question that is completely separate from the merits of the action, [is] effectively unreviewable on appeal from a final judgment ... and [is] too important to be denied review." Quackenbush, 116 S.Ct. at 1718-19 (citations omitted). We are presented with such a situation. The remand order issued by the district court effectively "surrender[s] jurisdiction to the state court, and [the defendants] have no other opportunity to appeal that decision in a federal court." Gaming Corp. of Am. v. Dorsey & Whitney, 88 F.3d 536, 542 (8th Cir.1996) (applying Quackenbush). Accordingly, our review of the district court's remand order is proper.

5

We agree with the defendants that the applicable statute governing removal of this case is 28 U.S.C. § 1441. This case is properly removed pursuant to either subsection (a) or subsection (b) of that statute. Section 1441(b) allows a party to remove to federal court any civil action over "which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States." Federal question jurisdiction exists if the "well-pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff's right to relief necessarily depends on resolution of a substantial question of federal law." Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 27-28, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983). We find that Williams's complaint raises a federal question because it asserts claims under 42 U.S.C. § 1983 for alleged violations of federal constitutional rights. When a federal question is present on the face of the complaint, the district court has original jurisdiction and the action may be removed to federal court. See Caterpillar, Inc. v. Williams, 482 U.S. 386, 392-93, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987).

6

The district court relied on the concurrent jurisdiction of state and federal courts over section 1983 claims in finding that this case was not removable. That reliance was misplaced. Section 1441(a) provides:

7

Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the ... defendants, to the district court of the United States for the district and division embracing the place where such action is pending.

8

28 U.S.C. § 1441(a). Federal district courts have original jurisdiction over section 1983 claims, notwithstanding the fact that they share such jurisdiction with the courts of the states in which they sit. Accordingly, section 1983 claims brought in state court are removable pursuant to section 1441(a), unless Congress has "otherwise expressly provided." Congress has not indicated in any statute, expressly or otherwise, that section 1983 claims are not removable. "A congressional grant of concurrent jurisdiction in a statute does not imply that removal is prohibited." 14A Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3729, at 495 (2d ed.1985); see, e.g., Nielson v. Soltis, 41 F.3d 1516 (10th Cir.1994) (unpublished table decision); Warren v. United States, 932 F.2d 582, 585-86 (6th Cir.1991); Dorsey v. City of Detroit, 858 F.2d 338, 341 (6th Cir.1988).

9

"[T]he presence of even one federal claim gives the defendant the right to remove the entire case to federal court." Gaming Corp., 88 F.3d at 543. By raising claims that arise under federal law, Williams subjected himself to the possibility that the defendants would remove the case to federal court. See City of Chicago v. International College of Surgeons, --- U.S. ----, ----, 118 S.Ct. 523, 529, 139 L.Ed.2d 525 (1997). The district court has supplemental jurisdiction over Williams's state law claims because they form part of the same case or controversy as his section 1983 claims. See 28 U.S.C. § 1367(a). This entire case was properly removed, and the district court was therefore without discretion to remand it. See Gaming Corp., 88 F.3d at 542 (stating that a district court has no discretion to remand a claim that states a federal question).

III. CONCLUSION

[*~702]10

For the foregoing reasons, the district court's remand order is vacated, and this case is remanded to the district court.

1

The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska, sitting by designation