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CITY OF BATON ROUGE v. DOUGLAS

No. 71-1056.

446 F.2d 874 (1971)

CITY OF BATON ROUGE, Plaintiff-Appellee, v. Emmitt J. DOUGLAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 9, 1971.

Attorney(s) appearing for the Case

Murphy W. Bell, Baton Rouge, La., Margarett Ford, Jack Greenberg, Charles Stephen Ralston, New York City, for defendant-appellant.

Ernest R. Eldred, City Prosecutor, Joseph F. Keogh, Parish Atty., Baton Rouge, La., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.

PER CURIAM:

At issue on this appeal is the propriety of the district court's order remanding a criminal prosecution to the state court and denying removal of the prosecution under 28 U.S.C. § 1443(1).1 We reverse the court's order with directions to hold an evidentiary hearing to determine whether removal is proper.

Emmitt J. Douglas, a member of the Negro race, alleges that he was arrested and charged with disturbing the...

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