Legal Opinion

Jehan Zeb Mir v. Richard G. Fosburg, Perry Ah-Tye, and Horrace Warden

Court of Appeals for the Ninth Circuit

Decided July 24, 1980No. 78-1103PublishedCited by 105 opinions

1Opinion of the Court

KENNEDY, Circuit Judge:

When the confusion engendered by both parties’ presentation is eliminated, this appeal presents two principal issues: (a) whether a district court has subject matter jurisdiction over a suit commenced in state court and removed by federal defendants pursuant to 28 U.S.C. § 1442a, 1 it being conceded the action would not lie in the federal courts as an original matter since the pleadings alleged only state grounds; and (b) whether federal executive officers are absolutely immune from state-law tort actions.

Plaintiff originally filed suit in the Superior Court in and for…

2Cases cited31 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Butz v. EconomouSupreme Court of the United States · 1978
  5. Barr v. MatteoSupreme Court of the United States · 1959

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3Cited by105 opinions

  1. Hal Roach Studios, Inc., a Delaware Corporation v. Richard Feiner and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1990
  2. Cafasso v. General Dynamics C4 Systems, Inc.Court of Appeals for the Ninth Circuit · 2011
  3. Dcd Programs, Ltd. v. Michael W. Leighton, Hill, Farrer & BurrillCourt of Appeals for the Ninth Circuit · 1987
  4. Jack Allen v. City of Beverly HillsCourt of Appeals for the Ninth Circuit · 1990
  5. Sierra On-Line, Inc. v. Phoenix Software, Inc.Court of Appeals for the Ninth Circuit · 1984

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