§6716 Civil Action by a Person Adversely Affected

Summary

A person who is harmed by a local government, or by a local government worker acting in their official job, can sue in a federal court or a state court that handles general cases. Before suing, the person must file an administrative complaint with the Secretary, another federal agency head, or the state agency that works with the Secretary. If the agency says within 90 days that the government did not violate the law, or if the agency gives no decision within 90 days, the person is treated as having finished the administrative steps and may go to court. A court can order temporary or permanent relief, like stopping actions, issuing injunctions, suspending or ending payments, making repayments, or putting payments in escrow until the case is resolved. When enforcing certain parts of the law (parts 6711(a) or 6711(b)), the court may award reasonable attorney fees to a winning party other than the U.S. government. The Attorney General may join the case if it is of wide public importance. The United States can get the same relief and must pay the same fees and costs as a private person.