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28 U.S.C. § 1445 — Nonremovable actions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A civil action in any State court against a railroad or its receivers or trustees, arising under sections 1–4 and 5–10 of the Act of April 22, 1908 ([45 U.S.C. 51–54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51–54&num=0&edition=prelim), 55–60), may not be removed to any district court of the United States.
**(b)** A civil action in any State court against a carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 11706 or 14706 of title 49, may not be removed to any district court of the United States unless the matter in controversy exceeds $10,000, exclusive of interest and costs.
**(c)** A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any district court of the United States.
**(d)** A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States.
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Stable record: federal_law:legal_authorities:record_usc_3d1b82864ff4b9edd451f292
Source file: Laws/federal/codes/united-states-code/title-28/section-1445-nonremovable-actions--cd7fc001ea.md
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Source location: Title 28, Chapter 89, § 1445; chapter-089-district-courts-removal-of-cases-from-state-courts.md
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**(a)** A civil action in any State court against a railroad or its receivers or trustees, arising under sections 1–4 and 5–10 of the Act of April 22, 1908 ([45 U.S.C. 51–54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51–54&num=0&edition=prelim), 55–60), may not be removed to any district court of the United States.
**(b)** A civil action in any State court against a carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 11706 or 14706 of title 49, may not be removed to any district court of the United States unless the matter in controversy exceeds $10,000, exclusive of interest and costs.
**(c)** A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any district court of the United States.
**(d)** A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Attorney General, acting in consultation with the Director of the Office on Violence Against Women of the Department of Justice, the Department of Housing and Urban Development, and the Department of Health and Human Services, shall award grants under this section to States, units of local government, Indian tribes, and other organizations, including domestic violence and sexual assault victim service providers, domestic violence and sexual assault coalitions, other nonprofit, nongovernmental organizations, population-specific organizations, or community-based and culturally specific organizations, that have a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (referred to in this section as the “recipient”) to carry out programs to provide assistance to minors, adults, and their dependents—
(1) who are homeless, or in need of transitional housing or other housing assistance, as a result of a situation of domestic violence, dating violence, sexual assault, or stalking; and
(2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient.
**(b) Grants** Grants awarded under this section may be used for programs that provide—
(1) transitional housing, including funding for the operating expenses of newly developed or existing transitional housing.11 So in original. The period probably should be a semicolon.
(2) short-term housing assistance, including rental or utilities payments assistance and assistance with related expenses such as payment of security deposits and other costs incidental to relocation to transitional housing for persons described in subsection (a); and
(3) support services designed to enable a minor, an adult, or a depen
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12361
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally.—** Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.
**(b) Removal Based on Diversity of Citizenship.—**
(1) In determining whether a civil action is removable on the basis of the jurisdiction under [section 1332(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1332/a&num=0&edition=prelim), the citizenship of defendants sued under fictitious names shall be disregarded.
(2) A civil action otherwise removable solely on the basis of the jurisdiction under [section 1332(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1332/a&num=0&edition=prelim) may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.
**(c) Joinder of Federal Law Claims and State Law Claims.—**
(1) If a civil action includes—
(A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of [section 1331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1331&num=0&edition=prelim)), and
(B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute,
the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B).
(2) Upon removal of an action described in paragraph (1), the d
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1441
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy.—** It is in the national interest—
(1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).
**(b) Definitions.—** In this section and section 5304, the following definitions apply:
(1) **Metropolitan planning area.—** — The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).
(2) **Metropolitan planning organization.—** — The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d).
(3) **Nonmetropolitan area.—** — The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas.
(4) **Nonmetropolitan local official.—** — The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.
(5) **Regional transportation planning orga
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5303
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Federal law — U.S. Code and appendices · legal_authorities
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A civil action or criminal prosecution that is commenced in a State court and that is against or directed to 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, in an official or individual capacity, for or relating to 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 or relating to any act under color of office or in the performance of his duties;
(4) Any officer of either House of Congress, for or relating to 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.
**(c)** Solely for purposes of determining the propriety of removal under subsection (a), a law enforcement officer, who is the defendant in a criminal prosecution, shall be deemed to have been acting under the color
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1442
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.
(2) A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board.
(3) A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier.
**(b)** The court shall award a reasonable attorney’s fee to the plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11707
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** Pursuant to the affirmative power of Congress to enact this part under section 5 of the Fourteenth Amendment to the Constitution, as well as under section 8 of Article I of the Constitution, it is the purpose of this part to protect the civil rights of victims of gender motivated violence and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crimes of violence motivated by gender.
**(b) Right to be free from crimes of violence** All persons within the United States shall have the right to be free from crimes of violence motivated by gender (as defined in subsection (d)).
**(c) Cause of action** A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.
**(d) Definitions** For purposes of this section—
(1) the term “crime of violence motivated by gender” means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim’s gender; and
(2) the term “crime of violence” means— 11 So in original. The word “means” probably should appear after “(A)” below.
(A) an act or series of acts that would constitute a felony against the person or that would constitute a felony against property if the conduct presents a serious risk of physical injury to another, and that would come within the meaning of State or Federal offens
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12371
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Federal law — U.S. Code and appendices · legal_authorities
Page 399
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1445
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.
§ 1444. Foreclosure action against United States
Any action brought under section 2410 of this
title against the United States in any State
court may be removed by the United States to
the district court of the United States for the
district and division in which the action is pend-
ing.
(June 25, 1948, ch. 646, 62 Stat. 938; May 24, 1949,
ch. 139, § 82, 63 Stat. 101.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., § 903 (Mar. 4, 1931,
ch. 515, § 3, 46 Stat. 1529).
The procedural provisions of section 903 of title 28,
U.S.C., 1940 ed., were omitted as covered by section 1446
of this title.
Changes were made in phraseology.
1949 ACT
This section corrects typographical errors in section
1444 of title 28, U.S.C.
Editorial Notes
AMENDMENTS
1949—Act May 24, 1949, inserted ‘‘court’’ between
‘‘State’’ and ‘‘may’’, and substituted ‘‘division’’ for ‘‘di-
visions’’.
§ 1445. Nonremovable actions
(a) A civil action in any State court against a
railroad or its receivers or trustees, arising
under sections 1–4 and 5–10 of the Act of April 22,
1908 (45 U.S.C. 51–54, 55–60), may not be removed
to any district court of the United
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1445
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