233 F. Supp. 414 - Naas v. Mitchell’s Empirical Analysis
1964
Citation profile
4 federal appellate · 2 district ·
How this case has been cited
Cited by 9 later decisions — most recently June 1996
4 federal appellate · 2 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1442 · 28 U.S.C. § 2671 · 28 U.S.C. § 2679
Relies on Tennessee v. Davis · Colorado v. Symes · Merritt v. United States · 143 F. Supp. 445 - State of Oklahoma v. Willingham · 181 F. Supp. 41 - Goldfarb v. Muller
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The power to punish for contempt of his court is a judge’s means of preserving the dignity of that court, and when a State court judge sees fit to exercise his power to punish for contempt of his court, the proceeding is not one that can be removed to a federal court under Section 1442 — not only because it is not a ‘civil action or criminal prosecution commenced in a State court,’ but also because if such a removal were permitted it would involve a rehearing and reconsideration by the federal court of the evidence, testimony and events which led up to the citation for contempt; it would, in effect, make of the federal court an appellate tribunal invested with power to review the action of the State court judge. This court has no such jurisdiction and such jurisdiction cannot be conferred upon it by a removal petition. Id. at 273 .”
1 later decision quote this exact passage · from the majority““Congress in this field of removal statutes knew what it meant and knew how to state what it meant. When the test of the propriety of removal was an act done ‘under color of * * * office’ or on account of ‘any right, title or authority’ claimed under a law of the United States it was so expressly stated. (Title 28 U.S.C.A. § 1442 (a) (1); § 1442a). When the test was an act done by any officer of the courts of the United States ‘under color of office or in the performance of his duties,’ it was so stated (Title 28 U.S.C.A. § 1442 (a) (3); emphasis supplied) * *”
1 later decision quote this exact passage · from the majoritye.g. State v. Dorko“Section 1442a provides as follows: “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 Ms 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 * * * be removed for trial into the district court * *”
1 later decision quote this exact passage · from the majoritye.g. State v. Dorko
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.