42 U.S.C. § 1997a: Initiation of civil actions

Summary

The Attorney General can sue a State, local government, their officials, employees, or anyone acting for them in federal court when the Attorney General has good reason to believe they are keeping people in certain institutions in very bad conditions that take away rights protected by the Constitution or federal law, cause serious harm, and are part of a repeated pattern of refusing to allow those rights. The Attorney General may ask the court to order the minimum fixes needed so people can fully enjoy those rights. For some kinds of institutions defined elsewhere in the law, court orders can only address violations of Constitutional rights. If a person or group other than the United States wins the case, the court may require the United States to pay reasonable lawyer fees. The Attorney General must personally sign any complaint filed under this law.

Title 42, §1997a

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

(a)Discretionary authority of Attorney General; preconditions

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)Discretionary award of attorney fees

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)Attorney General to personally sign complaint

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