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28 U.S.C. § 1442a — Members of armed forces sued or prosecuted
Federal law — U.S. Code and appendices · legal_authorities
A civil or criminal prosecution in a court of a State of the United States against a member of the armed forces of the United States on account of an act done under color of his office or status, or in respect to which he claims any right, title, or authority under a law of the United States respecting the armed forces thereof, or under the law of war, may at any time before the trial or final hearing thereof be removed for trial into the district court of the United States for the district where it is pending in the manner prescribed by law, and it shall thereupon be entered on the docket of the district court, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine the cause.
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Stable record: federal_law:legal_authorities:record_usc_6a58d0c1b4258540715c9597
Source file: Laws/federal/codes/united-states-code/title-28/section-1442a-members-of-armed-forces-sued-or-prosecuted--69112832c3.md
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Source location: Title 28, Chapter 89, § 1442a; chapter-089-district-courts-removal-of-cases-from-state-courts.md
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A civil or criminal prosecution in a court of a State of the United States against a member of the armed forces of the United States on account of an act done under color of his office or status, or in respect to which he claims any right, title, or authority under a law of the United States respecting the armed forces thereof, or under the law of war, may at any time before the trial or final hearing thereof be removed for trial into the district court of the United States for the district where it is pending in the manner prescribed by law, and it shall thereupon be entered on the docket of the district court, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine the cause.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 731, act May 5, 1950, ch. 169, § 1, 64 Stat. 143, related to courts of inquiry. See [section 935 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section935&num=0&edition=prelim), Armed Forces.
Section 732, act May 5, 1950, ch. 169, § 1, 64 Stat. 143, related to authority to administer oaths and to act as notary. See [section 936 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section936&num=0&edition=prelim).
Section 733, act May 5, 1950, ch. 169, § 1, 64 Stat. 144, required reading and explanation of certain sections of this chapter. See [section 937 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section937&num=0&edition=prelim).
Section 734, act May 5, 1950, ch. 169, § 1, 64 Stat. 144, related to complaints of wrongs. See [section 938 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section938&num=0&edition=prelim).
Section 735, act May 5, 1950, ch. 169, § 1, 64 Stat. 144, related to redress of injuries to property. See [section 939 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section939&num=0&edition=prelim).
Section 736, act May 5, 1950, ch. 169, § 1, 64 Stat. 145, authorized President to delegate his authority. See [section 940 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section940&num=0&edition=prelim).
Section 737, act May 5, 1950, ch. 169, § 8, 64 Stat. 146, provided for oath of enlistment. See [section 502 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section502&num=0&edition=prelim).
Section 738, act May 5, 1950, ch. 169, § 9, 64 Stat. 146, provided for removal of suits. See [sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 731 to 739
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Federal law — U.S. Code and appendices · legal_authorities
Page 398
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1442a
(1) protected an individual in the presence of
the officer from a crime of violence;
(2) provided immediate assistance to an indi-
vidual who suffered, or who was threatened
with, bodily harm; or
(3) prevented the escape of any individual
who the officer reasonably believed to have
committed, or was about to commit, in the
presence of the officer, a crime of violence
that resulted in, or was likely to result in,
death or serious bodily injury.
(d) In this section, the following definitions
apply:
(1) The terms ‘‘civil action’’ and ‘‘criminal
prosecution’’ include any proceeding (whether
or not ancillary to another proceeding) to the
extent that in such proceeding a judicial
order, including a subpoena for testimony or
documents, is sought or issued. If removal is
sought for a proceeding described in the pre-
vious sentence, and there is no other basis for
removal, only that proceeding may be re-
moved to the district court.
(2) The term ‘‘crime of violence’’ has the
meaning given that term in section 16 of title
18.
(3) The term ‘‘law enforcement officer’’
means any employee described in subpara-
graph (A), (B), or (C) of section 8401(17) of title
5 and any special agent in the Diplomatic Se-
curity Service of the Department of State.
(4) The term ‘‘serious bodily injury’’ has the
meaning given that term in section 1365 of
title 18.
(5) The term ‘‘State’’ includes the District of
Columbia, United States territories and insu-
lar possessions, and Indian country (as defined
in section 1151 of title 18).
(6) The term ‘‘State court’’ includes the Su-
perior Court of the District of Columbia, a
court of a United States territory or insular
possession, and a tribal court.
(June 25, 1
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1442a
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