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28 USC Sec. 1443
01/16/96
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART IV - JURISDICTION AND VENUE
CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
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Sec. 1443. Civil rights cases
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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.
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(June 25, 1948, ch. 646, 62 Stat. 938.)
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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.
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FEDERAL RULES OF CIVIL PROCEDURE
Application of rules, see rule 81, Appendix to this title.
Continuation of section under rule 81, see note by Advisory
Committee under rule 81.
CROSS REFERENCES
Stay of State court proceedings, see section 2283 of this title.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1447 of this title.