FEDERAL · 28 U.S.C. · Chapter 89
Civil rights cases
Current through Pub. L. 119-102
Title 28 — Judiciary and Judicial Procedure·Ch. 89 — DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
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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28 U.S.C. § 1443 (Civil rights cases) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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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.