Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§1442a Members of armed forces sued or prosecuted
Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 89— - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS › § 1442a
Summary
A state civil or criminal case against a U.S. service member for something done as part of their military role, or under military law or the law of war, can be moved before trial to the U.S. district court where the case is filed. The federal court must add the case to its docket and decide it as if it had started there, with full authority to resolve it.
Full Legal Text
Title 28, §1442a
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Derivation Section was from the Uniform Code of Military Justice, act
May 5, 1950, ch. 169, § 9, 64 Stat. 146, which was based on Article 117, Articles of War, act
June 4, 1920, ch. 227, subch. II, § 1, 41 Stat. 811, as amended
June 24, 1948, ch. 625, title II, § 242, 62 Stat. 642.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1442a
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73