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42 U.S.C. § 1997a — Initiation of civil actions

submitted 46 years ago by Pub. L. 96-247 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 287 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General may sue in federal district court for minimum corrective relief when specified severe institutional conditions deprive people of protected rights as part of a pattern or practice. The court may award fees to a prevailing non-United-States party, and the Attorney General must sign the complaint.

(a) If the Attorney General reasonably believes that a State, a subdivision, an official, employee, agent, or other person acting for one of them subjects people living in or confined to an institution to extreme or plainly serious conditions that deprive them of constitutional or federal rights and cause grievous harm, and that this is part of a pattern or practice resisting those rights, the Attorney General may sue that party in an appropriate federal district court in the name of the United States. The Attorney General may seek equitable relief limited to the minimum corrections needed to secure the rights. For people in jails, prisons, or other correctional facilities, relief under this subchapter is available only for conditions violating rights protected by the Constitution. (b) The court may award a reasonable attorney fee against the United States as costs to any prevailing party other than the United States. (c) The Attorney General must personally sign the complaint.

the actual law source: uscode.house.gov ↗public domain
(a) Discretionary authority of Attorney General; preconditions

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 1997 of this title, to egregious or flagrant conditions which deprive such persons of any rights, privileges, or 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 subchapter to persons residing in or confined to an institution as defined in section 1997(1)(B)(ii) of this title 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) Discretionary award of attorney fees

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) Attorney General to personally sign complaint

The Attorney General shall personally sign any complaint filed pursuant to this section.

Source credit: (Pub. L. 96–247, § 3, May 23, 1980, 94 Stat. 350; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 803(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–70; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-247 · 94 Stat. 350
  • 1996Amended · Pub. L. 104-134 · 110 Stat. 1321, 1321
  • 1996Amended · Pub. L. 104-140 · 110 Stat. 1327

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-247 on 1980-05-23.

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