Judicial Procedure
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28 USC Sec. 1442                                             01/22/02

Judges may be sued

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1442. Federal officers or agencies sued or prosecuted

-STATUTE-

(a) A civil action or criminal prosecution commenced in a State court against 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, sued in an official or individual capacity for 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 any act under color of office or in the performance of his                   duties;

       (4) Any officer of either House of Congress, for 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.

-SOURCE-

   (June 25, 1948, ch. 646, 62 Stat. 938; Pub. L. 104-317, title II, Sec. 206(a), Oct. 19, 1996, 110 Stat. 3850.)