In re County Collector of the County of Winnebago

In my view, removal of this action was permissible under the civil rights removal statute, 28 U.S.C. § 1443(2).

1

The court, although acknowledging that this court1 and others2 have permitted the removal of state cases that have threatened the implementation of a remedy in a civil rights action, holds that this authority cannot extend to the consent decree here because it did not explicitly order the school district to levy the taxes at issue. Indeed, the court notes that, had the district court explicitly required that the taxes be levied, our case law would permit removal under the statute.…