Daphne Municipal Court v. Williams-Bey
1:13-cv-00646
S.D. Ala.Apr 29, 2014Background
- Williams-Bey, pro se, removed a state criminal proceeding to federal court under 28 U.S.C. §1443 and filed a motion to proceed in forma pauperis.
- Case involves traffic-related DUI charges and license suspension in the Municipal Court of Daphne, Alabama.
- The removal notice asserts the Treaty of Peace and Friendship of 1836 governs the prosecution and that Williams-Bey is not a U.S. citizen.
- The court must assess subject matter jurisdiction and grant remand if removal is improper.
- The magistrate judge reviews removal standards, including the two-prong test for §1443(1) and eligibility under §1443(2).
- The court ultimately recommends remand to the Daphne Municipal Court and denies the in forma pauperis motion as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether removal under §1443(1) is proper. | Williams-Bey contends his rights invoke federal civil rights. | Court should recognize treaty-based removal and racial-rights grounds. | Removal not proper under §1443(1). |
| Whether removal under §1443(2) is proper. | Williams-Bey asserts action under color of federal authority. | He is not a state or federal officer; §1443(2) inapplicable. | Removal not proper under §1443(2). |
Key Cases Cited
- Johnson v. Mississippi, 421 U.S. 213 (1975) (two-prong test for §1443(1))
- City of Greenwood v. Peacock, 384 U.S. 808 (1966) (clarifies §1443 removal limitations; two-prong test guidance)
- Alabama v. Conley, 245 F.3d 1292 (11th Cir. 2001) (vindication of federal rights left to state courts unless trial denial is predictable)
- Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (binding precedent for pre-1981 Fifth Circuit decisions in the Eleventh Circuit)