Sebhat Afework v. Velanta Monique Babbitt, et al.
AdministrativeLaw SocialSecurity
Whether 42 U.S.C. § 233()(2) permits a deemed
Public Health Service employee to remove a civil action or proceeding against him to federal district
court, within 15 days of the Attorney General's receipt
of notice of the same civil action or proceeding, for a
determination as to whether the deemed Public
Health Service (PHS) employee is entitled to absolute
immunity?
If the Court answers the preceding question in the
negative, whether a deemed PHS employee's removal
of the case eleven days after providing notice forecloses federal jurisdiction pursuant to § 233(/) even
when the Attorney General (or his designee) ultimately fails to appear within fifteen days?
Whether, by reporting his own determination rather than the United States Department of Health
and Human Services (HHS) Secretary's determination under § 233(g) and (h), the Attorney General (or
his designee) may bar a federal court's jurisdiction to
determine whether a deemed PHS employee is immune pursuant to § 233(a)?
Whether 42 U.S.C. § 233(c)(2) permits a deemed Public Health Service employee to remove a civil action or proceeding against him to federal district court