State of Ga. v. Westlake

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• listing multiple 28 U.S.C. § 1442a cases that borrow the 28 U.S.C. § 1442(a) color of office analysis
• considering the policy rationales and concluding “[t]he federal government has an acute interest in protecting the individual for acts taken pursuant to properly bestowed federal authority”
• listing § 1442a cases borrowing the 28 U.S.C. § 1442(a) “color of office” analysis
• “[Without the requirement that the defendant present a federal defense, the court has no basis for jurisdiction under Art. III.”
• “Defendant does not contend that he was under orders to disobey local traffic laws or that the accident was the result of any order given to him by his superiors.”
• “When a federal defense is raised, that federal defense can be the basis for ‘arising under’ jurisdiction. It is the raising of a federal 4 The Mesa action was removed pursuant to 28 U.S.C. § 1442(a

Source: CourtListener parenthetical corpus (CC0).