Jean L. Richards v. Hal Harper, Max Baucus, and Pat Williams

Jean Richards, appealing pro se, challenges the exercise of removal jurisdiction, the refusal to appoint counsel under 28 U.S.C. § 1915 (d) (1982), summary judgment in favor of two defendants and dismissal in favor of a third.

FACTS

Richards alleges that United States Senator Baucus, United States Representative Pat Williams, and Montana State Representative Hal Harper violated her civil rights through “obstruction of justice, defamation, harassment, misuse of public record, retaliation with government services, improper and illegal practices, and political activity.” She holds them responsible for allegedly discriminatory practices of the United Methodist Church.

Defendants Baucus and Williams removed from state court to the United States District Court under 28 U.S.C. § 1442 (a)(1) (1982). All three legislators moved to dismiss for failure to state a claim. Richards opposed removal, asserting that Harper never received process.

The judge found removal proper. Bau-cus and Williams qualified as “Officers of the United States” under 28 U.S.C. § 1442 (a)(1) and “any actions on [their] ... part ... were taken under color of federal office_” He determined that removal by Baucus…