Dean Whitaker v. Nancy C. Carney, Director of Employee Relations for the City of Garland

GARWOOD, Circuit Judge:

This appeal requires that we determine whether the federal civil rights removal statute, 28 U.S.C. § 1443(2), was appropriately invoked. Appellants, the City of Garland, Texas (the “City”), and certain of its officials, removed appellee’s state mandamus action against appellants, in which appellee sought to enforce a request for access to certain personnel records of the City, under the Texas Open Records Act. Appellants in the removal proceedings asserted that compliance with appellee’s request would constitute an act “inconsistent with” the City’s Title VII duties as…