§882 Injunctions

Summary

Federal district courts and territorial courts with general power can order people or groups to stop breaking this part of the law. If someone is accused of violating such an order or restraining order, they can demand a jury trial under the Federal Rules of Civil Procedure. A State may sue in federal court for the benefit of its residents when a person, business, or website is believed to be harming residents by violating sections 823(g), 829(e), or 831. The State can ask the court to stop the bad conduct, force compliance, get damages or restitution (including civil penalties under section 842(b)), and get other relief the court thinks is appropriate. Before filing, the State must give a copy of the complaint to the U.S. Attorney General and the U.S. Attorney for the district, or do so the same day if prior notice is not possible. Service must follow Rule 4(i)(1) of the Federal Rules of Civil Procedure. The United States may join the case, be heard, and appeal. State attorneys general may use their state powers to investigate and to require witnesses or documents. The case can be filed where the defendant is found, lives, or does business, or wherever venue is proper under 28 U.S.C. 1391, and legal papers may be served where the defendant is found or lives. This does not give private individuals a new right to sue. States may not bring these suits against the United States, an Indian tribe or tribal organization lawfully carrying out a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), or employees of the United States or such a tribe when they act within their official duties.