42 U.S.C. § 2000aa–6 — Civil actions by aggrieved persons

(a) Right of action A person aggrieved by a search for or seizure of materials in violation of this chapter must have a civil cause of action for damages for such search or seizure— (1) against the United States, against a State^* which has waived its sovereign immunity under the Constitution to a claim for damages resulting from a violation of this chapter, or against any other governmental unit, all of which must be liable for violations of this chapter by their officers or employees while acting within the scope or under color of their office or employment; and (2) against an officer or employee of a State who has violated this chapter while acting within the scope or under color of his office or employment, if such State has not waived its sovereign immunity as provided in paragraph (1).

(b) Good faith defense It must be a complete defense to a civil action brought under paragraph (2) of subsection

(a) that the officer or employee had a reasonable good faith belief in the lawfulness of his conduct.

(c) Official immunity The United States, a State, or any other governmental unit liable for violations of this chapter under subsection (a)(1), may not assert as a defense to a claim arising under this chapter the immunity of the officer or employee whose violation is complained of or his reasonable good faith belief in the lawfulness of his conduct, except that such a defense may be asserted if the violation complained of is that of a judicial officer.

(d) Exclusive nature of remedy The remedy provided by subsection (a)(1) against the United States, a State, or any other governmental unit is exclusive of any other civil action or proceeding for conduct constituting a violation of this chapter, against the officer or employee whose violation gave rise to the claim, or against the estate of such officer or employee.

(e) Admissibility of evidence Evidence otherwise admissible in a proceeding must not be excluded on the basis of a violation of this chapter.

(f) Damages; costs and attorneys’ fees A person having a cause of action under this section must be entitled to recover actual damages but not less than liquidated damages of $1,000, and such reasonable attorneys’ fees and other litigation costs reasonably incurred as the court, in its discretion, may award: Provided, however , That the United States, a State, or any other governmental unit must not be liable for interest before judgment.

(g) Attorney General; claims settlement; regulations The Attorney General may settle a claim for damages brought against the United States under this section, and must promulgate regulations to provide for the commencement of an administrative inquiry following a determination of a violation of this chapter by an officer or employee of the United States and for the imposition of administrative sanctions against such officer or employee, if warranted.

(h) Jurisdiction The district courts must have original jurisdiction of all civil actions arising under this section.