ba n Will i am Shu el v. Sheridan
1:22-cv-07006-AMD-TAM
| E.D.N.Y | Jan 5, 2023Background:
- Pro se plaintiff William Shuel was arrested on October 20, 2022, on burglary, attempted burglary, criminal trespass, criminal mischief, and trespass charges (Kings County, CR-030363-22KN).
- On November 18, 2022, Shuel filed a federal notice of removal of the state criminal case, later amended on December 7, 2022; he claimed violations of the Supremacy Clause and certain treaties and alleged fraud and arrest under a “fictitious name.”
- The Court granted Shuel leave to proceed in forma pauperis for the district-court proceedings.
- The Court considered removal under 28 U.S.C. § 1443(1), which the Supreme Court has held requires a two-pronged showing involving federal civil-rights laws stated in terms of racial equality and inability to enforce those rights in state courts.
- The district court found Shuel did not meet § 1443(1)’s requirements and that alleged name errors or sovereign-citizen–type claims do not satisfy the statute.
- The Court denied the removal, remanded the case to the Criminal Court of the City of New York, County of Kings (CR-030363-22KN), and certified that any appeal would not be in good faith, denying in forma pauperis status for appeal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the state criminal prosecution may be removed under 28 U.S.C. § 1443(1) | Shuel claimed federal supremacy/treaty-based rights, fraud, and arrest under a “fictitious name,” seeking removal and dismissal | Removal improper because Shuel fails to invoke a federal law protecting civil rights "stated in terms of racial equality" or show inability to enforce such rights in state court | Removal denied; case remanded to state criminal court |
| Whether Shuel may proceed in forma pauperis on appeal | Shuel sought in forma pauperis treatment for appeal | Court contended any appeal would not be taken in good faith | IFP for appeal denied; appeal certified not in good faith |
Key Cases Cited
- Johnson v. Mississippi, 421 U.S. 213 (1975) (establishes two-pronged test for removal under § 1443(1))
- Georgia v. Rachel, 384 U.S. 780 (1966) (requires rights invoked under § 1443(1) be federal civil rights stated in terms of racial equality)
- Coppedge v. United States, 369 U.S. 438 (1962) (standard for certifying whether an appeal is taken in good faith for IFP purposes)