Sebhat Afework v. Velanta Monique Babbitt, et al.

Whether 42 U.S.C. § 233(l)(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(l) 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)?