Federal subject matter jurisdiction question

Question

P (a city) has a rule that only residents of a particular neighborhood can be in its parks between 4:00 and sunset. P sues D (a non-resident individual) in state court for being in the park during those hours requesting statutory civil fines. D answers that the policy amounts to an equal protection violation (under the 14th amendment) and a violation of the public trust doctrine. D counterclaims a civil rights violation under color of law and requests declarative and injunctive relief under 42 USC 1983. D then removes to the applicable federal district court.

Is this removal proper or is it precluded by the well pleaded complaint rule since the complaint raised no federal question? Is there something else I'm missing entirely?

Answer 1

Do your own work.  Doesn't your school have an honor code?

Answer 2

You were evidently charged with a city ordinance violation, most are not constitutional but are never challenged, a not guilty plea in circuit court will probably result in a dismissal and negate any appeal but if not then your challenge under the 14th should be the way to pursue it.~