28 U.S.C. § 1443 — Civil rights cases
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 115 words · no verdicts yet
A defendant may move certain State civil actions or criminal prosecutions to Federal district court. The cases involve denial of equal-civil-rights protections or conduct authorized by, or refused because of, equal-rights law.
A defendant may remove the following case begun in State court* to the United States district court* covering the place where it is pending: (1) a case against a person who is denied, or cannot enforce in that State’s courts, a right under a law providing equal civil rights to United States citizens or to everyone within the jurisdiction; or (2) a case for an act done under authority of a law providing equal rights, or for refusing to act because the act would conflict with that law.
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:
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;
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.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 938.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 938
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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