§ 1997a. Initiation of civil actions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Civil Rights of Institutionalized Persons Act

   Pub. L. 96–247 § 3 · 94 Stat. 349

   Enacted · 42 U.S.C. § 1997a

   Pub. L. 96–247, § 3, May 23, 1980, 94 Stat. 350

   Source evidence

   Code source credit
   Pub. L. 96–247, § 3, May 23, 1980, 94 Stat. 350

   Enacted provision · exact public law section
   SEC. 3. INITIATION OF ACTIONS. (a) Whenever the Attorney General has reasonable cause to believe that any State or political subdivision of a State, official, employee, or agent thereof, or other person acting on behalf of a State or political subdivision of a State is subjecting persons residing in or confined to an institution, as defined in section 2, to egregious or flagrant conditions which deprive such persons of any rights, privileges, or USC prec. title 1. immunities secured or protected by the Constitution or laws of the United States causing such persons to suffer grievous harm, and that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities, the Attorney General, for or in the name of the United States, may institute a civil action in any appropriate United States district court against such party for such equitable relief as may be appropriate to insure the minimum corrective measures necessary to insure the full enjoyment of such rights, privileges, or immunities, except that such equitable relief shall be available under this Act to persons residing in or confined to an institution as defined in section 2(1)(B)(ii) only insofar as such persons are subjected to conditions which deprive them of rights, privileges, or immunities secured or protected by the Constitution of the United States. (b) In any action commenced under this section, the court may allow the prevailing party, other than the United States, a reasonable attorney’s fee against the United States as part of the costs. (c) Any complaint filed by the Attorney General pursuant to this section shall be personally signed by him.

2. 1996

   Pub. L. 104–134 title I § 101 · 110 Stat. 1321

   Amended · 42 U.S.C. § 1997a(c)

   Pub. L. 104–134 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any complaint filed by the Attorney General pursuant to this section shall be personally signed by him.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–134 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any complaint filed by the Attorney General pursuant to this section shall be personally signed by him.”

   Enacted provision · exact public law section
   Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

2 of 2 references resolved to an enrolled provision