Browse Arkansas Code titles and sections

28 U.S.C. § 1442 — Federal officers or agencies sued or prosecuted

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1442 — Federal officers or agencies sued or prosecuted

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1442

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 587d2f77e4b68d2d77b5709b1af45f9b239f306456de630eacf0864a49fa0c45. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_9e3eb916d479af8c2693e371
Source file: Laws/federal/codes/united-states-code/title-28/section-1442-federal-officers-or-agencies-sued-or-prosecuted--e9586bcd8c.md
Pages: Not recorded – Not recorded
Passage SHA-256: 445f1745ac5ad32b3a8c5de85e9b1b6f1cfddfa4126457cdca79665f4348a915

Source location: Title 28, Chapter 89, § 1442; chapter-089-district-courts-removal-of-cases-from-state-courts.md

Stored source content

**(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 of his office if the officer— (1) protected an individual in the presence of the officer from a crime of violence; (2) provided immediate assistance to an individual 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 previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court. (2) The term “crime of violence” has the meaning given that term in [section 16 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section16&num=0&edition=prelim). (3) The term “law enforcement officer” means any employee described in subparagraph (A), (B), or (C) of [section 8401(17) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401/17&num=0&edition=prelim) and any special agent in the Diplomatic Security Service of the Department of State. (4) The term “serious bodily injury” has the meaning given that term in [section 1365 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1365&num=0&edition=prelim). (5) The term “State” includes the District of Columbia, United States territories and insular possessions, and Indian country (as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim)). (6) The term “State court” includes the Superior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1151 — Indian country defined

Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1151

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 16 — Crime of violence defined

The term “crime of violence” means— **(a)** an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or **(b)** any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 16

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1365 — Tampering with consumer products

**(a)** Whoever, with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, tampers with any consumer product that affects interstate or foreign commerce, or the labeling of, or container for, any such product, or attempts to do so, shall— (1) in the case of an attempt, be fined under this title or imprisoned not more than ten years, or both; (2) if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both; (3) if serious bodily injury to any individual results, be fined under this title or imprisoned not more than twenty years, or both; and (4) in any other case, be fined under this title or imprisoned not more than ten years, or both. **(b)** Whoever, with intent to cause serious injury to the business of any person, taints any consumer product or renders materially false or misleading the labeling of, or container for, a consumer product, if such consumer product affects interstate or foreign commerce, shall be fined under this title or imprisoned not more than three years, or both. **(c)** (1) Whoever knowingly communicates false information that a consumer product has been tainted, if such product or the results of such communication affect interstate or foreign commerce, and if such tainting, had it occurred, would create a risk of death or bodily injury to another person, shall be fined under this title or imprisoned not more than five years, or both. (2) As used in paragraph (1) of this subsection, the term “communicates false information” means communicates information that is false and that the communicator knows is false, under circumstances in which the information may reasona

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1365

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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](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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1445

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1442 — Federal officers or agencies sued or pros-

Page 397 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1442 arate and separable controversies, a distinction which is sound in theory but illusory in substance. (See 41 Harv. L. Rev. 1048; 35 Ill. L. Rev. 576.) Subsection (c) permits the removal of a separate cause of action but not of a separable controversy un- less it constitutes a separate and independent claim or cause of action within the original jurisdiction of United States District Courts. In this respect it will somewhat decrease the volume of Federal litigation. Rules 18, 20, and 23 of the Federal Rules of Civil Pro- cedure permit the most liberal joinder of parties, claims, and remedies in civil actions. Therefore there will be no procedural difficulty occasioned by the re- moval of the entire action. Conversely, if the court so desires, it may remand to the State court all non- removable matters. The provisions of section 71 of title 28, U.S.C., 1940 ed., with respect to removal of actions under the Fed- eral Employer’s Liability Act (U.S.C., 1940 ed., title 45, Railroads, §§ 51–60) and actions against a carrier for loss, damage, or delay to shipments under section 20 of title 49, U.S.C., 1940 ed., Transportation, are incor- porated in section 1445 of this title. Editorial Notes AMENDMENTS 2011—Pub. L. 112–63, § 103(a)(1), substituted ‘‘Removal of civil actions’’ for ‘‘Actions removable generally’’ in section catchline. Subsec. (a). Pub. L. 112–63, § 103(a)(2), inserted heading and in text struck out at end ‘‘For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded.’’ Subsec. (b). Pub. L. 112–63, § 103(a)(3), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Any civil action of which the distr

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1442

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.