Mesa v. California

489 U.S. 121, 109 S. Ct. 959, 103 L. Ed. 2d 99, 1989 U.S. LEXIS 596, 57 U.S.L.W. 4199
CourtSupreme Court of the United States
DecidedFebruary 21, 1989
Docket87-1206
StatusPublished
Cited by491 cases

This text of 489 U.S. 121 (Mesa v. California) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mesa v. California, 489 U.S. 121, 109 S. Ct. 959, 103 L. Ed. 2d 99, 1989 U.S. LEXIS 596, 57 U.S.L.W. 4199 (1989).

Opinions

[123]*123Justice O’Connor

delivered the opinion of the Court.

We decide today whether United States Postal Service employees may, pursuant to 28 U. S. C. § 1442(a)(1), remove to Federal District Court state criminal prosecutions brought against them for traffic violations committed while on duty.

I

In the summer of 1985 petitioners Kathryn Mesa and Shabbir Ebrahim were employed as mailtruck drivers by the United States Postal Service in Santa Clara County, California. In unrelated incidents, the State of California issued criminal complaints against petitioners, charging Mesa with misdemeanor-manslaughter and driving outside a laned roadway after her mailtruck collided with and killed a bicyclist, and charging Ebrahim with speeding and failure to yield after his mailtruck collided with a police car. Mesa and Ebrahim were arraigned in the San Jose Municipal Court of Santa Clara County on September 16 and October 2, 1985, respectively. The Municipal Court set a pretrial conference in Mesa’s case for November 4, 1985, and set trial for Ebrahim on November 7, 1985.

On September 24 and October 4, 1985, the United States Attorney for the Northern District of California filed petitions in the United States District Court for the Northern District of California for removal to that court of the criminal complaints brought against Ebrahim and Mesa. The petitions alleged that the complaints should properly be removed to the Federal District Court pursuant to 28 U. S. C. § 1442(a)(1) because Mesa and Ebrahim were federal employees at the time of the incidents and because “the state charges arose from an accident involving defendant which occurred while defendant was on duty and acting in the course and scope of her employment with the Postal Service.” Mesa Petition for Removal of Criminal Action ¶3, App. 5. See also Ebrahim Petition for Removal of Criminal Action ¶ 3, App. 10 (“[T]he state charges arose from an accident in[124]*124volving defendant which occurred while defendant was on duty”)- The Santa Clara County District Attorney filed responsive motions to remand, contending that the State’s actions against Mesa and Ebrahim were not removable under § 1442(a)(1). The District Court granted the United States Government’s petitions for removal and denied California’s motions for remand.

California thereupon petitioned the Court of Appeals for the Ninth Circuit to issue a writ of mandamus compelling the District Court to remand the cases to the state court. The Court of Appeals consolidated the petitions, and a divided panel held that “federal postal workers may not remove state criminal prosecutions to federal court when they raise no col-orable claim of federal immunity or other federal defense.” 813 F. 2d 960, 967 (1987). Accordingly, the Court of Appeals issued a writ of mandamus ordering the District Court to deny the United States’ petitions for removal and remand the prosecutions for trial in the California state courts. We granted the United States’ petition for certiorari on behalf of Mesa and Ebrahim, 486 U. S. 1021 (1988), to resolve a conflict among the Courts of Appeals concerning the proper interpretation of § 1442(a)(1). We now affirm.

h-4

The removal provision at issue in this case, 28 U. S. C. § 1442(a), provides:

“A civil action or criminal prosecution commenced in a State court against any of the following persons may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:
“(1) Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the appre[125]*125hension or punishment of criminals or the collection of the revenue.
“(2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States.
“(3) Any officer of the courts of the United States, for any act under color of office or in the performance of his duties;
“(4) Any officer of either House of Congress, for any act in the discharge of his official duty under an order of such House.”

The United States and California agree that Mesa and Ebrahim, in their capacity as employees of the United States Postal Service, were “person[s] acting under” an “officer of the United States or any agency thereof” within the meaning of § 1442(a)(1). Their disagreement concerns whether the California criminal prosecutions brought against Mesa and Ebrahim were “for act[s] under color of such office” within the meaning of that subsection. The United States, largely adopting the view taken by the Court of Appeals for the Third Circuit in Pennsylvania v. Newcomer, 618 F. 2d 246 (1980), would read “under color of office” to permit removal “whenever a federal official is prosecuted for the manner in which he has performed his federal duties . . . .” Brief for Petitioners 8. California, following the Court of Appeals below, would have us read the same phrase to impose a requirement that some federal defense be alleged by the federal officer seeking removal.

A

On numerous occasions in the last 121 years we have had the opportunity to examine § 1442(a) or one of its long line of statutory forebears. In Willingham v. Morgan, 395 U. S. 402, 405 (1969), we traced the “long history” of the federal officer removal statute from its origin in the Act of February 4, 1815, §8, 3 Stat. 198, as a congressional response to New [126]*126England’s opposition to the War of 1812, through its expansion in response to South Carolina’s 1833 threats of nullification, and its further expansion in the Civil War era as the need to enforce revenue laws became acute, to enactment of the Judicial Code of 1948 when the removal statute took its present form encompassing all federal officers. 395 U. S., at 405-406. “The purpose of all these enactments,” we concluded, “is not hard to discern. As this Court said ... in Tennessee v. Davis, 100 U. S. 257, 263 (1880), the Federal Government

“ ‘can act only through its officers and agents, and they must act within the States. If, when thus acting, and within the scope of their authority, those officers can be arrested and brought to trial in a State court, for an alleged offense against the law of the State, yet warranted by the Federal authority they possess, and if the general government is powerless to interfere at once for their protection, — if their protection must be left to the action of the State court, — the operations of the general government may at any time be arrested at the will of one of its members.’” Id., at 406.

Tennessee v. Davis, 100 U. S. 257

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Bluebook (online)
489 U.S. 121, 109 S. Ct. 959, 103 L. Ed. 2d 99, 1989 U.S. LEXIS 596, 57 U.S.L.W. 4199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mesa-v-california-scotus-1989.