§2000aa–6 Civil actions by aggrieved persons

Summary

If someone is harmed by a search or seizure that breaks this law, they can sue for money. They may sue the United States, a State that has given up its immunity, or other government units when the harm was caused by their officers doing their jobs. They can also sue a state officer personally if the State has not waived immunity. An officer can defend themselves by saying they honestly and reasonably believed their actions were legal. If the government itself is sued, it generally cannot use the officer’s immunity or that good-faith belief as a defense, except when the accused person is a judge. Suing the government under this rule is the only civil case allowed about that same officer’s conduct, and evidence that would normally be allowed in a case is not barred just because this law was violated. A person who wins can get actual money for their loss and at least $1,000 in fixed damages, plus reasonable lawyer fees and other court costs the judge allows. The United States, a State, or other government unit does not have to pay interest before a judgment. The Attorney General can settle claims made against the United States and must make rules for starting internal investigations and for disciplining federal officers if a violation is found. These cases are filed in federal district courts.