State of Ohio v. Nathaniel A. Denman

Sixth Circuit

State of Ohio v. Nathaniel A. Denman

462 F.2d 1292, 65 Ohio Op. 2d 178, 1972 U.S. App. LEXIS 8817

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 23, 1972

Docket71-1446

StatusPublished

Cited by2 cases

This text of 462 F.2d 1292 (State of Ohio v. Nathaniel A. Denman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State of Ohio v. Nathaniel A. Denman, 462 F.2d 1292, 65 Ohio Op. 2d 178, 1972 U.S. App. LEXIS 8817 (6th Cir. 1972).

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Opinion

PER CURIAM:

Denman appeals from an order of the District Court remanding this action to the Municipal Court of the City of Wooster, Ohio, after an attempt to transfer the case to the District Court under 28 U.S.C. § 1443. Such an order is ap-pealable. 28 U.S.C. § 1446(d).

A prosecution for non-support of his minor children in violation of § 3113.01, Ohio Revised Code, was initiated in Municipal Court against Denman by his former wife. Denman undertook removal to the federal court on the ground that his civil rights are being violated by the Municipal Court. In remanding the case Chief Judge Frank J. Battisti correctly held that § 1443(1) has no application, no “equal civil rights” of Denman having been violated.

It is well settled that § 1443 is a statute of very limited application. Only when State laws violate “equal civil rights” based on racial grounds is § 1443(1) applicable. Georgia v. Rachel, 384 U.S. 780, 792, 86 S.Ct. 1783, 16 L. Ed.2d 925. Broad general allegations of deprivation of civil rights are not sufficient to permit removal. Greenwood v. Peacock, 384 U.S. 808, 827, 86 S.Ct. 1800, 16 L.Ed.2d 944. The action of the District Court in remanding this case to the Ohio Municipal Court is supported by the well-settled law of this Circuit. City of Cleveland v. Corley, 398 F.2d 41 (6th Cir.); Grubbs v. Pound, 374 F.2d 448 (6th Cir.); Townsend v. State of Ohio, 366 F.2d 33 (6th Cir.); Hull v. Jackson County Circuit Court, 138 F. 2d 820 (6th Cir.).

Affirmed.

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PER CURIAM:

Denman appeals from an order of the District Court remanding this action to the Municipal Court of the City of Wooster, Ohio, after an attempt to transfer the case to the District Court under 28 U.S.C. § 1443. Such an order is ap-pealable. 28 U.S.C. § 1446(d).

A prosecution for non-support of his minor children in violation of § 3113.01, Ohio Revised Code, was initiated in Municipal Court against Denman by his former wife. Denman undertook removal to the federal court on the ground that his civil rights are being violated by the Municipal Court. In remanding the case Chief Judge Frank J. Battisti correctly held that § 1443(1) has no application, no “equal civil rights” of Denman having been violated.

It is well settled that § 1443 is a statute of very limited application. Only when State laws violate “equal civil rights” based on racial grounds is § 1443(1) applicable. Georgia v. Rachel, 384 U.S. 780, 792, 86 S.Ct. 1783, 16 L. Ed.2d 925. Broad general allegations of deprivation of civil rights are not sufficient to permit removal. Greenwood v. Peacock, 384 U.S. 808, 827, 86 S.Ct. 1800, 16 L.Ed.2d 944. The action of the District Court in remanding this case to the Ohio Municipal Court is supported by the well-settled law of this Circuit. City of Cleveland v. Corley, 398 F.2d 41 (6th Cir.); Grubbs v. Pound, 374 F.2d 448 (6th Cir.); Townsend v. State of Ohio, 366 F.2d 33 (6th Cir.); Hull v. Jackson County Circuit Court, 138 F. 2d 820 (6th Cir.).

Affirmed.

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Bluebook (online)

462 F.2d 1292, 65 Ohio Op. 2d 178, 1972 U.S. App. LEXIS 8817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-ohio-v-nathaniel-a-denman-ca6-1972.

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