Tennessee v. Davis
United States Supreme Court
100 U.S. 257 (1880)
James M. Davis (defendant), a federal revenue officer responsible for seizing illegal distilleries, was allegedly ambushed and fired upon by armed men while performing his duties and returned fire in self-defense, killing one of them. Tennessee (plaintiff) indicted Davis for murder in state court, and Davis sought to remove the case to federal circuit court under a federal revenue statute allowing removal of state civil or criminal actions against federal revenue officers for acts done under color of federal law. The circuit court judges were divided on whether removal was proper and certified the question to the Supreme Court.
Whether Congress has the constitutional authority to authorize removal of a state criminal prosecution to federal court when the prosecution arises from a federal officer's actions taken under color of federal law.