Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§1442a Members of Armed Forces Sued or Prosecuted
Title 28 › Part IV— JURISDICTION AND VENUE › Chapter 89— DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS › § 1442a
Summary
Allows state civil or criminal cases against a service member for acts tied to their role, or claiming military or law-of-war authority, to be moved before trial or final hearing to the federal district court for the district where the case is pending and decide it as if it began there.
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 5, 2026
Release point: 119-73not60