28 U.S.C. § 1442a — Members of armed forces sued or pros-

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, 1948, ch. 646, 62 Stat. 938; Pub. L. 104–317, title II, § 206(a), Oct. 19, 1996, 110 Stat. 3850; Pub. L. 112–51, § 2(a), (b), Nov. 9, 2011, 125 Stat. 545; Pub. L. 112–239, div. A, title X, § 1087, Jan. 2, 2013, 126 Stat. 1969.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 76 and 77 (Mar. 3, 1911, ch. 231, §§ 33, 34, 36 Stat. 1097, 1098; Aug. 23, 1916, ch. 399, 39 Stat. 532). Section consolidates sections 76 and 77 of title 28, U.S.C., 1940 ed. The revised subsection (a)(1) is extended to apply to all officers and employees of the United States or any agency thereof. Section 76 of title 28, U.S.C., 1940 ed., was limited to revenue officers engaged in the enforce- ment of the criminal or revenue laws. The procedural provisions of section 76 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title. (See reviser’s notes under those sec- tions.) Changes were made in phraseology. Editorial Notes AMENDMENTS 2013—Subsecs. (c), (d). Pub. L. 112–239 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: ‘‘As used in subsection (a), the terms ‘civil action’ and ‘criminal prosecution’ include any pro- ceeding (whether or not ancillary to another pro- ceeding) to the extent that in such proceeding a judi- cial order, including a subpoena for testimony or docu- ments, 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 pro- ceeding may be removed to the district court.’’ 2011—Subsec. (a). Pub. L. 112–51, § 2(a)(1), inserted ‘‘that is’’ after ‘‘or criminal prosecution’’, ‘‘and that is’’ after ‘‘in a State court’’, and ‘‘or directed to’’ after ‘‘against’’ in introductory provisions. Subsec. (a)(1). Pub. L. 112–51, § 2(b)(1), substituted ‘‘ca- pacity, for or relating to’’ for ‘‘capacity for’’ and struck out ‘‘sued’’ after ‘‘thereof,’’. Subsec. (a)(3), (4). Pub. L. 112–51, § 2(b)(2), inserted ‘‘or relating to’’ after ‘‘for’’. Subsec. (c). Pub. L. 112–51, § 2(a)(2), added subsec. (c). 1996—Pub. L. 104–317, § 206(a)(1), inserted ‘‘or agen- cies’’ after ‘‘officers’’ in section catchline. Subsec. (a). Pub. L. 104–317, § 206(a)(2), struck out ‘‘persons’’ after ‘‘following’’ in introductory provisions and substituted ‘‘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’’ for ‘‘Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office’’ in par. (1). § 1442a. Members of armed forces sued or pros- ecuted 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 ac- count 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 there- of, or under the law of war, may at any time be- fore the trial or final hearing thereof be re- moved for trial into the district court of the United States for the district where it is pend- ing in the manner prescribed by law, and it shall thereupon be entered on the docket of the dis- trict court, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine the cause. (Added Aug. 10, 1956, ch. 1041, § 19(a), 70A Stat. 626.) Editorial Notes DERIVATION Section was from the Uniform Code of Military Jus- tice, act May 5, 1950, ch. 169, § 9, 64 Stat. 146, which was based on Article 117, Articles of War, act June 4, 1920, ch. 227, subch. II, § 1, 41 Stat. 811, as amended June 24, 1948, ch. 625, title II, § 242, 62 Stat. 642. § 1443. Civil rights cases 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 pend- ing: (1) Against any person who is denied or can- not 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 de- rived from any law providing for equal rights,