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Title 42, The Public Health and WelfareRelease 119-73not60

§2000aa–6 Civil Actions by Aggrieved Persons

Title 42 › Chapter 21A— PRIVACY PROTECTION › Subchapter I— FIRST AMENDMENT PRIVACY PROTECTION › Part B— Remedies, Exceptions, and Definitions › § 2000aa–6

Last updated Apr 5, 2026|Official source

Summary

If someone unlawfully searches or takes your papers or other materials, you can sue to get money for the harm. You may sue the United States, a State that has allowed such suits, or other government bodies for acts by their officers while working. If the State has not allowed suits, you can sue the State officer personally. A government worker can avoid personal liability if they reasonably and in good faith believed their actions were legal. If you win, you can get actual damages but at least $1,000, plus reasonable lawyer fees and court costs. The government does not have to pay interest that ran before the judgment. If you sue the government under this rule, you generally cannot bring another civil suit against the same officer or the officer’s estate for the same act. Federal district courts handle these cases, and the Attorney General can settle U.S. claims and set up administrative reviews and penalties for violating employees.

Full Legal Text

Title 42, §2000aa–6

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

(a)A person aggrieved by a search for or seizure of materials in violation of this chapter shall have a civil cause of action for damages for such search or seizure—
(1)against the United States, against a State which has waived its sovereign immunity under the Constitution to a claim for damages resulting from a violation of this chapter, or against any other governmental unit, all of which shall be liable for violations of this chapter by their officers or employees while acting within the scope or under color of their office or employment; and
(2)against an officer or employee of a State who has violated this chapter while acting within the scope or under color of his office or employment, if such State has not waived its sovereign immunity as provided in paragraph (1).
(b)It shall be a complete defense to a civil action brought under paragraph (2) of subsection (a) that the officer or employee had a reasonable good faith belief in the lawfulness of his conduct.
(c)The United States, a State, or any other governmental unit liable for violations of this chapter under subsection (a)(1), may not assert as a defense to a claim arising under this chapter the immunity of the officer or employee whose violation is complained of or his reasonable good faith belief in the lawfulness of his conduct, except that such a defense may be asserted if the violation complained of is that of a judicial officer.
(d)The remedy provided by subsection (a)(1) against the United States, a State, or any other governmental unit is exclusive of any other civil action or proceeding for conduct constituting a violation of this chapter, against the officer or employee whose violation gave rise to the claim, or against the estate of such officer or employee.
(e)Evidence otherwise admissible in a proceeding shall not be excluded on the basis of a violation of this chapter.
(f)A person having a cause of action under this section shall be entitled to recover actual damages but not less than liquidated damages of $1,000, and such reasonable attorneys’ fees and other litigation costs reasonably incurred as the court, in its discretion, may award: Provided, however, That the United States, a State, or any other governmental unit shall not be liable for interest prior to judgment.
(g)The Attorney General may settle a claim for damages brought against the United States under this section, and shall promulgate regulations to provide for the commencement of an administrative inquiry following a determination of a violation of this chapter by an officer or employee of the United States and for the imposition of administrative sanctions against such officer or employee, if warranted.
(h)The district courts shall have original jurisdiction of all civil actions arising under this section.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1981, except that insofar as such provisions are applicable to a State or any governmental unit other than the United States, the section is effective one year from Oct. 13, 1980, see section 108 of Pub. L. 96–440, set out as a note under section 2000aa of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000aa–6

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60