William O. Douglas

“ Apart from any rights which may arise under the Fourth Amendment, Congress has not created a cause of action for abuse of the subpoena power by a federal officer, at least where the subpoena was never given coercive effect. No claim is made that the Federal Tort Claims Act reaches that far. ”

“ Congress has provided for removal to a federal court of any state action, civil or criminal, against ' (a) ny officer of the United States * * *, or person acting under him, for any act under color of such office * * *.' 28 U.S.C. § 1442 (a) (1) . That state law governs the cause of action alleged is shown by the fact that removal is possible in a nondiversity case such as this one only because the interpretation of a federal defense makes the case one 'arising under' the Constitution or laws of the United States. ”

“ See Hart and Wechsler, The Federal Courts and the Federal System, 1147-1150. But no general statute making federal officers liable for acts committed 'under color,' but in violation, of their federal authority has been passed. ”