Is a summons of a federal officer in a wage garnishment action a "civil action" that can be removed to federal court?
MultiRegion, United States of America
The following excerpt is from Goncalves v. Rady Children's Hosp. San Diego, 865 F.3d 1237 (9th Cir. 2017):
Goncalves points to court decisions where other circuits have held that a state court summons of a federal officer in a wage garnishment action is not a "civil action" that could be removed to federal court. See , e.g. , Murray v. Murray , 621 F.2d 103, 10607 (5th Cir. 1980). For several reasons, these cases are not persuasive. First, these decisions were rendered under the prior version of 1442. Second, we expressly rejected these cases in
[865 F.3d 1251]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
What is the test for transferring a civil action from a federal court to another federal court? (MultiRegion, United States of America)
When a federal court dismisses an action with prejudice, does the dismissal of the action by the federal district court result in a separate contract dispute arising from the settlement agreement? (MultiRegion, United States of America)
Can a state court civil action be removed to federal court? (MultiRegion, United States of America)
Can an action that was previously decided in a state court be removed to federal court? (MultiRegion, United States of America)
Can a federal officer be removed under section 1442 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Does a federal court order dismissing an action under Federal Rule of Civil Procedure 4(j for failure to serve for abuse of discretion? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
