§ 1443. — Civil rights cases.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1443]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 89--DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
Sec. 1443. Civil rights cases
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.
(June 25, 1948, ch. 646, 62 Stat. 938.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 74 (Mar. 3, 1911, ch. 231,
Sec. 31, 36 Stat. 1096).
Other provisions of section 74 of title 28, U.S.C., 1940 ed., are
incorporated in sections 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.
Section Referred to in Other Sections
This section is referred to in section 1447 of this title.
