§1997a — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Attorney General can file a civil lawsuit in federal court when they have good reason to believe a State, a part of a State, or someone acting for them is keeping people who live in or are confined to an institution (as defined in section 1997) in very bad conditions that take away their rights and cause serious harm, and when this looks like an ongoing pattern of denying rights. The court can order the basic fixes needed to restore those rights, but for institutions listed in section 1997(1)(B)(ii) the court can only order relief for violations of rights protected by the U.S. Constitution. If anyone other than the United States wins the case, the court may require the United States to pay reasonable attorney fees. The Attorney General must personally sign any complaint filed under this rule.

Title 42, §1997a

The Public Health and Welfare — Source: USLM XML via OLRC

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

Editorial Notes

Amendments

1996—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.”

§1997a Initiation of civil actions

Summary

Title 42, §1997a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata