2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part IV - JURISDICTION AND VENUE (§§ 1251 - 1631)
Chapter 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS (§§ 1441 - 1455)
Section 1443 - Civil rights cases

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Metadata
Publication TitleUnited States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 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
Containssection 1443
Date2012
Laws in Effect as of DateJanuary 15, 2013
Positive LawYes
Dispositionstandard
Source CreditJune 25, 1948, ch. 646, 62 Stat. 938.
Statutes at Large References36 Stat. 1096
62 Stat. 938

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DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS - 28 U.S.C. § 1443 (2012)
§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., §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 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.

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