Price v. Johnson

REAVLEY, Circuit Judge:

This case arises out of a dispute between two Texas public officials. Pursuant to state procedural rules, Appellee John Wiley Price, a Dallas County Commissioner, sought an order in state court to take an investigatory deposition of Appellant Congresswoman Eddie Bernice Johnson. Rep. Johnson removed the matter to federal court under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), but the district court remanded it to state court because Price’s petition was not a “civil action” subject to removal. Rep. Johnson appeals the district court’s order. We lack…