§1442 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Allows the United States, its agencies, and certain federal officers (or people acting for them) to move a civil case or criminal charge from a state court to the federal district court where the case is pending. That can happen when the case is about something they did in their official role, or about rights or powers they claim under a federal law for catching or punishing criminals or collecting taxes. A property owner whose title comes from such an officer can also move a case if it challenges a federal law. Officers of federal courts or officers of either House of Congress can move cases for official acts. A noncitizen suing a U.S. citizen who was a federal civil officer and lived outside the state may have the defendant move the case if the defendant was served there. For removal in criminal cases, a law enforcement officer counts as acting in the job if they protected someone from a violent crime, gave immediate help to someone hurt or threatened, or stopped the escape of someone they reasonably believed had committed or was about to commit a violent crime likely to cause death or serious injury. Important term notes: “crime of violence” means the definition in section 16 of title 18; “serious bodily injury” means the definition in section 1365 of title 18; “law enforcement officer” refers to those in section 8401(17) of title 5 and special agents of the Diplomatic Security Service; “State” and “State court” include the District of Columbia, U.S. territories and insular possessions, and tribal courts, with “Indian country” as defined in section 1151 of title 18.

Title 28, §1442

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:

(1)The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.

(2)A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States.

(3)Any officer of the courts of the United States, for or relating to any act under color of office or in the performance of his duties;

(4)Any officer of either House of Congress, for or relating to any act in the discharge of his official duty under an order of such House.

(b)A personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State, wherein jurisdiction is obtained by the State court by personal service of process, may be removed by the defendant to the district court of the United States for the district and division in which the defendant was served with process.

(c)Solely for purposes of determining the propriety of removal under subsection (a), a law enforcement officer, who is the defendant in a criminal prosecution, shall be deemed to have been acting under the color of his office if the officer—

(1)protected an individual in the presence of the officer from a crime of violence;

(2)provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or

(3)prevented the escape of any individual who the officer reasonably believed to have committed, or was about to commit, in the presence of the officer, a crime of violence that resulted in, or was likely to result in, death or serious bodily injury.

(d)In this section, the following definitions apply:

(1)The terms “civil action” and “criminal prosecution” include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.

(2)The term “crime of violence” has the meaning given that term in section 16 of title 18.

(3)The term “law enforcement officer” means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5 and any special agent in the Diplomatic Security Service of the Department of State.

(4)The term “serious bodily injury” has the meaning given that term in section 1365 of title 18.

(5)The term “State” includes the District of Columbia, United States territories and insular possessions, and Indian country (as defined in section 1151 of title 18).

(6)The term “State court” includes the Superior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 76 and 77 (Mar. 3, 1911, ch. 231, §§ 33, 34, 36 Stat. 1097, 1098; Aug. 23, 1916, ch. 399, 39 Stat. 532). Section consolidates section 76 and 77 of title 28, U.S.C., 1940 ed. The revised subsection (a)(1) is extended to apply to all officers and employees of the United States or any agency thereof. Section 76 of title 28, U.S.C., 1940 ed., was limited to revenue officers engaged in the

Enforcement

of the criminal or revenue laws. The procedural provisions of section 76 of title 28, U.S.C., 1940 ed., are incorporated in section 1446 and 1447 of this title. (See reviser’s notes under those sections.) Changes were made in phraseology.

Editorial Notes

Amendments

2013—Subsecs. (c), (d). Pub. L. 112–239 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: “As used in subsection (a), the terms ‘civil action’ and ‘criminal prosecution’ include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.” 2011—Subsec. (a). Pub. L. 112–51, § 2(a)(1), inserted “that is” after “or criminal prosecution”, “and that is” after “in a State court”, and “or directed to” after “against” in introductory provisions. Subsec. (a)(1). Pub. L. 112–51, § 2(b)(1), substituted “capacity, for or relating to” for “capacity for” and struck out “sued” after “thereof,”. Subsec. (a)(3), (4). Pub. L. 112–51, § 2(b)(2), inserted “or relating to” after “for”. Subsec. (c). Pub. L. 112–51, § 2(a)(2), added subsec. (c). 1996—Pub. L. 104–317, § 206(a)(1), inserted “or agencies” after “officers” in section catchline. Subsec. (a). Pub. L. 104–317, § 206(a)(2), struck out “persons” after “following” in introductory provisions and substituted “The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office” for “Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office” in par. (1).

§1442 Federal Officers or Agencies Sued or Prosecuted