St. Louis County v. Johnson et al

Filing 8

MEMORANDUM AND ORDER/ORDER OF REMAND - IT IS HEREBY ORDERED that plaintiff's motions for leave to proceed in formapauperis [ECF Nos. 2 , 3 ] are GRANTED. IT IS FURTHER ORDERED that this action is REMANDED to the Circuit Court for St. Louis County, Missouri. (Order mailed to Circuit Clerk for St. Louis County, MO). Signed by District Judge Carol E. Jackson on 5/20/15. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ST. LOUIS COUNTY,
Plaintiff,
v.
CAROL JOHNSON and CARL JOHNSON,
Defendants,

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No. 4:15CV770 CEJ

MEMORANDUM AND ORDER
This matter is before the Court on defendants’ attempt to remove two criminal actions
from the Circuit Court for St. Louis County, Missouri, pursuant to 28 U.S.C. § 1443(1). Because
the requirements for removal have not been met, this action must be remanded to the state court.
Section 1443(1) authorizes the removal of a civil or criminal case (1) that is brought
against a person who has been denied or cannot enforce his civil rights in a state court or (2) that
is for any act derived from a law providing for equal rights or for refusing to do an act on the
ground that it would be inconsistent with such law. See Georgia v. Rachel, 384 U.S. 780, 800
(1966) (“Removal is warranted only if it can be predicted by reference to a law of general
application that the defendant will be denied or cannot enforce the specified federal rights in the
state courts.”); Neal v. Wilson, 112 F.3d 351, 355 (8th Cir.1997) (to remove under § 1443
defendant must rely on law providing for equal civil rights stated in terms of racial equality). In
this case, the defendants allege that “Plaintiffs continually tell defendants to move out of their
house or bad things will continue to happen to defendants.

Plaintiffs/friends have made

numerous death threats against defendants.” These allegations establish that the state court cases
here are not within the category of cases that may be removed under § 1443.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motions for leave to proceed in forma
pauperis [ECF Nos. 2, 3] are GRANTED.
IT IS FURTHER ORDERED that this action is REMANDED to the Circuit Court for
St. Louis County, Missouri.
Dated this 20th day of May, 2015.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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