Reported / Citable
Background
A military family alleged that water intrusion and mold in housing at Naval Amphibious Base Coronado damaged property and harmed their health. They sued the private housing venture and property manager in California court. The defendants removed, invoking federal enclave, federal officer, and federal agency jurisdiction; the district court remanded.
The Court’s Holding
On remand from the U.S. Supreme Court, the Ninth Circuit again affirmed. The record did not establish federal acceptance of exclusive jurisdiction over the property. The private managers were not acting under a federal officer merely because they operated regulated military housing; they did not show that they assisted a federal superior in carrying out governmental duties. Nor did the public-private venture qualify as a federal agency under the governing multi-factor test.
Key Takeaways
- Invoking federal-officer removal permits appellate review of the entire remand order.
- Federal enclave jurisdiction requires evidence of the government’s accepted exclusive jurisdiction.
- Regulation and contracting alone do not make a private manager a federal officer’s assistant.
- A public-private military housing venture is not automatically a federal agency.
Why It Matters
The decision narrows federal removal options for private firms operating on military property and keeps this San Diego habitability dispute in state court. California property and injury lawyers should investigate title history, jurisdictional acceptance, contractual duties, and operational control before choosing a forum or removing. Labels such as military partner or public-private venture will not replace evidence.