Jehan Zeb Mir v. Richard G. Fosburg, Perry Ah-Tye, and Horrace Warden

When the confusion engendered by both parties’ presentation is eliminated, this appeal presents two principal issues: (a) whether a district court has subject matter jurisdiction over a suit commenced in state court and removed by federal defendants pursuant to 28 U.S.C. § 1442a, it being conceded the action would not lie in the federal courts as an original matter since the pleadings alleged only state grounds; and (b) whether federal executive officers are absolutely immune from state-law tort actions.

Plaintiff originally filed suit in the Superior Court in and for the County of San Diego, State of California. Plaintiff and all the defendants were military officers in the United States Navy. Plaintiff alleged that his termination from the Thoracic Surgery Program at the Balboa Naval Hospital was wrongful. As developed in the early proceedings of this case, his claim was based on three separate state law theories: wrongful interference with practice of his profession; defamation; and intentional infliction of emotional distress. Defendants successfully removed the action to federal court pursuant to 28 U.S.C. § 1442a, alleging they were members of the armed forces and that the…