Paralegal

Answer: D - Whether your employer represents the plaintiff or the defendant. The rule given in the question is that a defendant (and only a defendant) can remove a case to federal court if federal subject matter jurisdiction exists. In addition, the test-taker is told that federal subject matter jurisdiction will exist if the court has either diversity jurisdiction or federal question jurisdiction. Federal question jurisdiction exists because the case involves a federal statute (42 U.S.C. § 1983). However, the question does not state whether the paralegal’s employer represents the plaintiff or the defendant. Thus, Answer D is the correct choice. Answer A is not correct because any state law claims will be removed along with the federal claims. Answer B is not correct because federal question jurisdiction is based on a federal law (and because diversity jurisdiction refers to state citizenship of the parties, not members of a protected class). Answer C is not correct because it does not directly address the question of removal.