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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?
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