Ernest Fenton v. Kelli Dudley

FLAUM, Circuit Judge.

This appeal concerns the conditions under which a defendant may remove a case to federal court pursuant to the civil rights removal statute, 28 U.S.C. § 1443. We conclude that § 1443 was not satisfied in this case, and therefore affirm the district court’s remand order.

I. Background

In 2010, Tonya Davis retained Ernest Fenton to represent her in connection with a home foreclosure proceeding. Davis later sued Fenton for malpractice. Davis claimed that, although she paid Fenton several thousand dollars for legal assistance, he did virtually nothing to help her keep her home.…