452 F.2d 221
John Bell WILLIAMS, Governor of the State of Mississippi, et
TRI-COUNTY COMMUNITY CENTER, Defendant-Appellant.
No. 71-1372 Summary Calendar.
United States Court of Appeals,
Dec. 3, 1971.
Barry H. Powell, John L. Maxey, II, Community Services, Robert E. Hauberg, U. S. Atty., Jackson, Miss., for defendant-appellant.
P. Roger Googe, Jr., Sp. Asst. Atty. Gen., William A. Allain, Asst. Atty. Gen., A. F. Summer, Atty. Gen. of Miss., Jackson, Miss., for plaintiffs-appellees.
Before BELL, AINSWORTH and GODBOLD, Circuit Judges.
Officials of the State of Mississippi filed in the courts of that state a quo warranto proceeding against Tri-County Community Center, a nonprofit Mississippi corporation, alleging that the corporation had exceeded its corporate powers and seeking to have its charter forfeited and its property placed in the hands of trustees. The defendant corporation sought to remove to the federal courts under 28 U.S.C. Sec. 1443 (1970). It alleges that it provides health services to poor people of Mississippi, mainly blacks, and that, despite a veto by the governor of Mississippi, is the recipient of a grant from the Office of Economic Opportunity, an agency within the Executive Office of the President, for the operation of a health center. Tri-County asserts that the quo warranto action is part of a pattern of harassment, intimidation, and coercion for the purpose of preventing the corporation from operating a health service program for the poor in Hinds County, Mississippi.
The corporation contends that prosecution, per se, of the quo warranto action in state court denies it an "equal civil right" conferred by 18 U.S.C. Sec. 245(b) (4) (A) (1970). Arguably (b) (4) may rise to the level of an "equal civil right," New York v. Horelick, 424 F.2d 697, 702 (2d Cir.), cert. denied, 398 U.S. 939, 90 S.Ct. 1839, 26 L.Ed.2d 273 (1970). However, the language of subdivision (b), "Whoever * * * by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with," indicates that Sec. 245(b) is aimed at disruptions or attempted disruptions by violent activity, "not the ordered functioning of state legal processes, whatever the motivation." Id. 424 F.2d at 703. Appellant has alleged no force or threats of force. Thus, even if we concluded that Sec. 245(b) (4) (A) does confer an "equal civil right" within the meaning of the civil rights removal section, the actions of which Tri-County complains are not such as are within the ambit of Sec. 245.
Nor are we able to say that this is one of the "rare situations where it can be clearly predicted by reason of the operation of a pervasive and explicit state or federal law that these rights will inevitably be denied by the very act of bringing the defendant to trial in the state court." City of Greenwood v. Peacock, 384 U.S. 808, 827-828, 86 S.Ct. 1800, 1812, 16 L.Ed.2d 944, 956-957 (1966).
The District Court, 323 F.Supp. 286, correctly granted the motion to remand.