BENNIE JACKSON ET AL., APPELLANTS,
v.
CITY OF VICKSBURG, MISSISSIPPI, APPELLEE
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The court held that removal petitions were sufficient to allege a basis for removal and required evidentiary hearings.
Defendants removed state criminal prosecutions to federal court under 28 U.S.C.A. § 1443(1), alleging denials of equal civil rights. The cases were re…
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PER CURIAM:
Appellants, defendants in Mississippi State criminal prosecutions, removed their cases to the United States District Court under 28 U.S.C.A. § 1443(1). The cases were remanded without evidentiary hearings. The removal petitions were sufficient under notice type pleadings to allege a basis for removal. Rachel v. State of Georgia, 5 Cir., 1965, 342 F. 2d 336, cert. granted, 382 U.S. 808, 86 S.Ct. 39, 15 L.Ed.2d 58. The alleged denials of equal civil rights in the arresting and charging process set out in these removal petitions are no less than the allegations found adequate in Rachel, and in Peacock v. City of Greenwood, 5 Cir., 1965, 347 F. 2d 679; cert. granted, 382 U.S. 971, 86 S.Ct. 532, 15 L.Ed.2d 464. It is incumbent upon the District Court, issue having been joined by answers denying the allegations, to ascertain the truth of the allegations through evidentiary hearings. Peacock, supra; McGee v. City of Meridian, 5 Cir., 1966, 359 F. 2d 846; Smith v. City of Drew, 5 Cir., 1966, 360 F. 2d 283.
Appellee’s contention under 28 U.S.C.A. § 1446(c) that the removals were untimely is precluded by our opinion in Calhoun v. City of Meridian, 5 Cir., 1966, 355 F. 2d 209.
The Rachel and Peacock cases are pending on certiorari in the Supreme Court, and the District Court is directed to stay its hand in these matters until decisions are rendered in those cases. This -Will afford the District Court such enlightenment as may be forthcoming from those decisions in the further handling of these matters.
Reversed and remanded with' directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rachel v. State OF Ga., 342 F.2d 336 (5th Cir. 1965)
- Peacock v. The City OF Greenwood, 347 F.2d 679 (5th Cir. 1965)
- Fed. Trade Comm'n v. Brown Shoe Co., Inc., 382 U.S. 808 (U.S. 1965)
- United States v. Blue, 382 U.S. 971 (U.S. 1966)
- Ashton v. Kentucky, 382 U.S. 971 (U.S. 1966)
- Calhoun v. City OF Meridian, 355 F.2d 209 (5th Cir. 1966)
- Lieutenant Albert Q. McGEE v. City OF Meridian, 359 F.2d 846 (5th Cir. 1966)
- Smith v. City OF Drew & Sunflower Cnty., 360 F.2d 283 (5th Cir. 1966)