§1997a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Allows the Attorney General to file a civil lawsuit in federal court when he has reasonable cause to believe a State, local government, or someone acting for them is keeping people in an "institution" (see section 1997) in very bad conditions that cause serious harm and come from a pattern of denying their federal rights. The suit can ask the court to order the minimum fixes needed to make sure those rights are fully enjoyed. For institutions listed in section 1997(1)(B)(ii), relief is only for violations of the U.S. Constitution. The court may order the United States to pay a reasonable lawyer’s fee to the winning party if that party is not the United States. The Attorney General must personally sign the complaint.

Title 42, §1997a

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

(a)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)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)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