Title 28Judiciary and Judicial ProcedureRelease 119-73

§3901 Civil actions

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 179— - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES › § 3901

Last updated Apr 6, 2026|Official source

Summary

For claims under section 1346(g), the defendant must be the employing office. Parties may demand a jury as allowed under chapter 5 of title 3, but if section 411 of title 3 is alleged the court must not tell jurors maximums under 411(b)(1) or 411(b)(3).

Full Legal Text

Title 28, §3901

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)In an action under section 1346(g) of this title, the defendant shall be the employing office alleged to have committed the violation involved.
(b)In an action described in subsection (a), any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by chapter 5 of title 3. In any case in which a violation of section 411 of title 3 is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 411(b)(1) or 411(b)(3) of title 3.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.

Reference

Citations & Metadata

Citation

28 U.S.C. § 3901

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73