28 U.S.C. § 1442a — Members of armed forces sued or prosecuted
submitted 70 years ago by ch. 1041 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 141 words · no verdicts yet
A qualifying State civil or criminal case against a United States armed-forces member may be moved to the appropriate Federal district court before trial or final hearing. The Federal court then handles it as if it began there.
Before trial or final hearing, a civil or criminal prosecution in a United States State court* against a United States armed-forces member may be removed to the Federal district court* for the place where it is pending if it concerns an act under the member’s office or status, or a right, title, or authority claimed under a United States armed-forces law or the law of war. Removal must follow the legally prescribed procedure. The case is entered on the Federal court’s docket, and that court proceeds as though the case began there and has full power to hear and decide it.
A civil or criminal prosecution in a court of a State* of the United States against a member of the armed forces of the United States on account of an act done under color of his office or status, or in respect to which he claims any right, title, or authority under a law of the United States respecting the armed forces thereof, or under the law of war, may at any time before the trial or final hearing thereof be removed for trial into the district court of the United States* for the district* where it is pending in the manner prescribed by law, and it shall thereupon be entered on the docket of the district court*, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine the cause.
Source credit: (Added Aug. 10, 1956, ch. 1041, § 19(a), 70A Stat. 626.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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