UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

TASHA ROYSTER,

Plaintiff, Case No.: 4:19-cv-517

v.

LARRY ROBINSON, in his official capacity

as PRESIDENT, FLORIDA A&M UNIVERSITY;

KELVIN LAWSON, in his official capacity as 

CHAIRMAN, FLORIDA A&M UNIVERSITY

BOARD OF TRUSTEES; ELMIRA MANGUM, 

in her official capacity; and JIMMY MILLER,

in his individual capacity,

Defendants.

___________________________________________/

DEFENDANTS’ NOTICE OF REMOVAL

Defendants, LARRY ROBINSON, in his official capacity as 

PRESIDENT, FLORIDA A&M UNIVERSITY and KELVIN LAWSON, in 

his official capacity as CHAIRMAN, FLORIDA A&M UNIVERSITY 

BOARD OF TRUSTEES, pursuant to 28 U.S.C. §§ 1331, 1441, 1443, 

1446, and N.D. Fla. Loc. R. 7.2, hereby file this Notice of Removal of an 

action pending in the Circuit Court of the Second Judicial Circuit, in and for 

Leon County, Florida, to the United States District Court, Northern District 

of Florida, Tallahassee Division and, in support hereof states as follows:

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1. Defendants desire to exercise their rights under the provisions 

of 28 U.S.C. § 1331, et seq., to remove this action from the Second Judicial 

Circuit in and for Leon County, Florida, where it is now pending under the 

name and style of: Tasha Royster v. Larry Robinson, in his official capacity 

as President, Florida A&M University; Kelvin Lawson, in his official capacity 

as Chairman, Florida A&M University Board of Trustees; Elmira Mangum, 

in her official capacity; and Jimmy Miller, in his individual capacity, Case 

No. 2019-CA-001817 (hereinafter referred to as the “Circuit Court Action”). 

2. The Complaint filed by Plaintiff on July 29, 2019, and served on 

the Defendants on October 11, 2019, contains two (2) counts as follows:

Count I: First Amendment Retaliation against President 

Robinson and Lawson

(42 U.S.C. §1983)

Count II: First Amendment Retaliation against Mangum and 

Miller

(42 U.S.C. §1983)

3. This Court has federal question jurisdiction over all claims in 

Plaintiff’s Complaint since they are brought pursuant to 42 U.S.C. §1983.

4. Pursuant to 28 U.S.C. § 1446(a), copies of the Summons and 

Complaint as well as all other process, pleadings, and orders on file in the 

Circuit Court Action to date are attached to this Notice of Removal as 

“Exhibit 1.” To the undersigned’s knowledge, no other papers or pleadings 

have been filed in the Circuit Court Action other than those attached hereto.

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5. In accordance with the requirements of 28 U.S.C. § 

1446(b)(2)(B), this Notice of Removal is filed within 30 days of the 

Defendants’ receipt of the initial pleading through service of the Summons 

and Complaint. 

6. All defendants that have been properly joined and served 

consent to removal under 28 U.S.C § 1441(b)(2)(A).

7. Venue in this District and Division is proper for purposes of 

removal under 28 U.S.C. § 1441(a), because this District and Division 

embrace the place in which the removed action was filed and is pending –

Leon County, Florida. 

8. Pursuant to 28 U.S.C. § 1446(d), written and electronic notice 

of filing this Notice of Removal will be served upon Plaintiff’s counsel, Marie 

A. Mattox. A true copy of this Notice of Removal will also be filed with the 

Clerk of the Circuit Court of the Second Judicial Circuit in and for Leon 

County, Florida, as required by law. 

Removal Based on Federal Question Jurisdiction

9. Unless specifically prohibited by an 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 defendant or the 

defendants, to the district court of the United States for the district and 

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division embracing the place where such action is pending.” 28 U.S.C. § 

1441(a). This Court possesses original jurisdiction over this civil action, 

because it involves a federal question under 28 U.S.C. § 1331. More 

specifically, Plaintiff’s Complaint is brought under 42 U.S.C. § 1983.

WHEREFORE, Defendants, LARRY ROBINSON, in his official 

capacity as PRESIDENT, FLORIDA A&M UNIVERSITY and KELVIN 

LAWSON, in his official capacity as CHAIRMAN, FLORIDA A&M 

UNIVERSITY BOARD OF TRUSTEES, respectfully request that this action 

be removed to this Court and that this Court accept jurisdiction of this 

action, and henceforth that this action be placed on the docket of this Court 

for further proceedings, the same as though this action had been originally 

instituted in this Court.

Dated this 16th day of October, 2019.

Respectfully submitted,

/s/ Diana K. Shumans

DIANA K. SHUMANS

Florida Bar No.: 675822

dshumans@sniffenlaw.com

SNIFFEN & SPELLMAN, P.A.

123 North Monroe Street

Tallahassee, Florida 32301

Telephone: (850) 205-1996

Facsimile: (850) 205-3004

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CERTIFICATE OF SERVICE

The undersigned certifies that on this 16th day of October, 2019, a 

true and correct copy of the foregoing was electronically filed in the U.S.

District Court, Northern District of Florida, using the CM/ECF system which 

will send a notice of electronic filing to all counsel of record.

/s/ Diana K. Shumans

DIANA K. SHUMANS

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