FEDERAL · 28 U.S.C. · Chapter 89
Civil rights cases
28 U.S.C. § 1443
Title28 — Judiciary and Judicial Procedure
Chapter89 — DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
This text of 28 U.S.C. § 1443 (Civil rights cases) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
28 U.S.C. § 1443.
Text
Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending:
(1)Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof;
(2)For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law.
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Source Credit
History
(June 25, 1948, ch. 646, 62 Stat. 938.)
Editorial Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §74 (Mar. 3, 1911, ch. 231, §31, 36 Stat. 1096).
Other provisions of section 74 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title.
Words "or in the part of the State where such suit or prosecution is pending" after "courts of such States," were omitted as unnecessary.
Changes were made in phraseology.
Based on title 28, U.S.C., 1940 ed., §74 (Mar. 3, 1911, ch. 231, §31, 36 Stat. 1096).
Other provisions of section 74 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title.
Words "or in the part of the State where such suit or prosecution is pending" after "courts of such States," were omitted as unnecessary.
Changes were made in phraseology.
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Bluebook (online)
28 U.S.C. § 1443, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/1443.