Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§1443 Civil rights cases
Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 89— - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS › § 1443
Summary
A defendant can move a civil or criminal case from state court to the federal district court if it involves enforcing or being denied rights under laws that protect equal civil rights, or if the defendant acted (or refused) under those laws' authority.
Full Legal Text
Title 28, §1443
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
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 section 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.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1443
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73