Title 28, Judiciary and Judicial ProcedureRelease 119-110

§3901 Civil Actions

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

Last updated Sep 22, 2026|Official source

Summary

When someone brings a case under section 1346(g), the defendant must be the employing office accused of the violation. Either side can ask for a jury trial whenever a jury would be allowed in a similar case against a private defendant under the law applied by chapter 5 of title 3. If the claim says section 411 of title 3 was violated, the court must not tell the jury the maximum compensatory damages listed in 411(b)(1) or 411(b)(3).

Full Legal Text

Title 28, §3901

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Parties.—

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)Jury Trial.—

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 28, Judiciary and Judicial Procedure

Last Updated

Sep 22, 2026

Release point: 119-110