§2000a–5 Civil Actions by the Attorney General

Summary

The Attorney General may file a federal lawsuit when he has reasonable cause to believe a person or group is repeatedly keeping people from enjoying rights protected by this law and that the acts are meant to deny those rights. The complaint must be signed by the Attorney General (or, if he is absent, the Acting Attorney General), state the facts about the pattern or practice, and ask for preventive court orders needed to protect the rights, such as temporary or permanent injunctions or restraining orders. The Attorney General can ask for a three-judge district court if he certifies the case is of general public importance. The court clerk must send that request to the circuit’s chief judge, who must quickly name three judges (including at least one circuit judge and one district judge from the court where the case began) to hear and speed the case; appeals from that court go to the Supreme Court. If the Attorney General does not ask for three judges, the district’s chief judge must promptly name a judge to hear the case. If no district judge is available, the district chief judge tells the circuit chief judge, who then names a district or circuit judge. The judge chosen must set the hearing as soon as possible and move the case quickly.